Deck 8: Intellectual Property and Cyber Piracy

Question 1

Utility patents for inventions are valid for the whole of the inventor's life and 70 years after that.

Answer 1

False

Question 2

The fair use doctrine for copyrights allows certain limited unauthorized use of copyrighted materials.

Answer 2

True

Question 3

After the copyright period runs out, the work enters the public domain.

Answer 3

True

Question 4

A company slogan is an example of a trademark.

Question 5

A patent can only be claimed for a limited amount of time.

Question 6

The No Electronic Theft Act (NET Act)can be invoked for copyright infringements that do not involve financial gain.

Question 7

Non-patented inventions that have been in public use for over a year can still be patented.

Question 8

Utility patents for inventions are valid for 20 years.

Question 9

Copyright for a work can only be claimed once the U.S. Copyright Office issues it.

Question 10

Improvements to existing machines, processes, or compositions of matter cannot be patented.

Question 11

The fair use doctrine for copyrights does not allow reproduction of a work in a legislative or judicial proceeding.

Question 12

If an invention is obvious, then it does not qualify for a patent.

Question 13

A utility patent is a patent that may be obtained for the ornamental nonfunctional design of an item.

Question 14

The trademark symbol "SM" is used to indicate a mark associated with a product.

Question 15

In the United States, the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.

Question 16

A patent in the public domain can be purchased by a non-patent holder.

Question 17

The patent term begins to run from the date the patent is issued.

Question 18

The trademark symbol "TM" is used to indicate a registered mark.

Question 19

A competitor can lawfully discover a trade secret by performing reverse engineering.

Question 20

A trademark is only issued if the registrant proves he has used the mark in commerce.

Question 21

Distinctive marks are ordinary words or symbols that have acquired special meaning with a product or service.

Question 22

Ordinary words or symbols that have taken on a secondary meaning will qualify as marks.

Question 23

How do patent laws help an inventor?

A) by helping the inventor guard his patented invention from the public
B) by providing protection for patented inventions from infringement
C) by helping the inventor meet potential buyers for his patented inventions
D) by letting the inventor keep his patents indefinitely

Question 24

A ________ is a product formula, pattern, design, compilation of data, customer list, or other covert business information.

A) copyright
B) trade secret
C) trademark
D) patent

Question 25

Trademarks that have become generic names are protected under federal trademark law.

Question 26

Which of the following would be considered to be a part of intellectual property?

A) patents
B) vehicles
C) business contracts
D) buildings

Question 27

A party has to be a member of an organization to use a certification mark.

Question 28

Which of the following is a key function of the U.S. Court of Appeals for the Federal Circuit with regards to patents?

A) It hears appeals rejected from state courts regarding patent issues.
B) It accepts applications for new patents.
C) It helps to promote uniformity in patent laws.
D) It helps to enact new patent laws.

Question 29

Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also ________.

A) obtain an injunction prohibiting the offender from divulging the trade secret
B) ask for transfer of any of the offender's patents to the plaintiff
C) obtain the offender's trademarks or brand name as payoff
D) ask to acquire the offender's trade secrets as payoff

Question 30

If a competitor reverse engineers a trade secret, then the competitor is ________.

A) rightfully allowed co-ownership to the trade secret and its original trade mark
B) allowed to use the trade secret but not the original trademark
C) not allowed to gain commercially from the trade secret
D) obliged to inform the original owner of the trade secret

Question 31

Intellectual property falls into a category of property known as ________.

A) tangible property
B) moveable property
C) real property
D) intangible property

Question 32

A closely guarded formula for a recipe protected by a soft drink manufacturer would be considered as an example of a ________.

A) trade secret
B) copyright
C) patent
D) trademark

Question 33

A party that does not register its brand name has no legal right over it.

Question 34

According to the Economic Espionage Act, ________.

A) persons who have reverse engineered a trade secret can use that trade secret, and the related trademark
B) it is a federal crime to steal another's trade secret
C) the rights to a trade secret will have to be renewed after a specified period of time
D) trade secrets can be shared for a limited amount of time

Question 35

What federal statute was enacted by the Congress to protect trade secrets?

A) Sarbanes-Oxley Act
B) Lanham Act
C) Telecommunication Act
D) Economic Espionage Act

Question 36

The trademark symbols "TM" and "SM" can be used with marks that have been not been registered.

Question 37

A service mark is used to distinguish the product of the holder from those of its competitors.

Question 38

A competitor can lawfully use a rival's trade secret if the competitor got the trade secret by means of ________.

A) copyrighting
B) cross-licensing
C) patenting
D) reverse engineering

Question 39

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time.

A) copyright
B) trade secret
C) patent
D) trademark

Question 40

In a dilution lawsuit, the plaintiff needs to show proof of actual harm suffered in order to win the lawsuit.

Question 41

What is a patent number?

A) a number assigned to a patent when it comes under investigation
B) a number assigned to a patent when the patent is pending
C) a number assigned to a patent during application
D) a number assigned to a patent once the patent is granted

Question 42

A ________ is a patent that protects the functionality of a patent.

A) utility patent
B) method patent
C) design patent
D) process patent

Question 43

________ is any trade name, symbol, word, logo, design, or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers, sellers, or providers.

A) Trade secret
B) Patent
C) Trademark
D) Copyright

Question 44

Uploading copyrighted material to an unauthorized web site by a non-copyright holder would count as an act of copyright infringement under the ________.

A) Digital Millennium Copyright Act
B) Berne Convention Act
C) No Electronic Theft Act
D) Sonny Bono Copyright Term Extension Act

Question 45

Which of the following accurately describes the fair use doctrine with reference to copyrighted material?

A) It stipulates the time period for which a copyright holder can retain his copyright.
B) It guides the U.S. Copyright Office in determining what works require copyrights based on the works' validity.
C) It permits use of copyright material by someone other than the copyright holder at a fixed fee.
D) It permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.

Question 46

Which of the following would constitute a copyright infringement?

A) using several clips from a movie in a documentary
B) a brief quotation in a news report
C) use of copyrighted material in a spoof or satire
D) reproduction by a teacher or student of a small part of the work to illustrate a lesson

Question 47

In terms of copyright law, the use of copyrighted material in a satire or parody would be an example of ________.

A) piracy
B) copyright sharing
C) application of fair use doctrine
D) copyright infringement

Question 48

________ is a legal right that gives the author of qualifying subject matter, and who meets other requirements established by law, the exclusive right to publish, produce, sell, license, and distribute the work.

A) Patent
B) Copyright
C) Trademark
D) Trade secret

Question 49

Which of the following types of patents is valid only for a period of 14 years?

A) design patent
B) utility patent
C) process patent
D) business method patent

Question 50

When does a patent enter the public domain?

A) when the patent term period has expired
B) when the patent has been challenged in court and found to be an infringement
C) when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or group of people
D) when the invention is either obvious or not a novel one

Question 51

According to the public use doctrine for patents, ________.

A) the inventor has to test his invention in the public domain, to measure its validity, before being granted a patent
B) an invention cannot be used in the public domain prior to it being granted a patent
C) a patent will not be granted if the invention was already in public use for one year before filing application
D) the invention will come into the public domain once its term period has expired

Question 52

What is the period of copyright protection provided for individuals under the Sonny Bono Copyright Term Extension Act of 1998?

A) Individuals are granted 20 years of copyright protection, after which it has to be renewed for a fee.
B) Individuals are granted copyright protection for their lifetime plus 70 years.
C) Individuals are granted 95 years copyright protection from the year of first publication of the work.
D) Individuals are granted 120 years copyright protection from the year of creation of the work.

Question 53

Which of the following statements is true of patenting a scientific principle?

A) Patent for a scientific principle has to be applied for directly at the U.S. Court of Appeals for the Federal Circuit.
B) A scientific principle can only be patented once a universal consensus has been reached on its validity.
C) Patent for a scientific principle has to be applied for at the U.S. Patent and Trademark Office.
D) A scientific principle can only be patented if it is a part of the tangible environment.

Question 54

Which of the following is a provision made under the Berne Convention, the international copyright treaty that the United States is a party to?

A) The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work.
B) The treaty makes it mandatory to place the copyright symbol on all copyrighted works.
C) The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain.
D) The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments.

Question 55

Which of the following is suitable for copyrighting?

A) buildings
B) business methods
C) musical compositions
D) product logos

Question 56

Which of the following statements is true of the patent period in the United States?

A) It follows the first-to-file rule.
B) The patent term begins to run from the date the patent application is filed.
C) The patent term begins to run from the date the patent is issued.
D) The patent period for an invention is 17 years.

Question 57

What happens to a copyrighted work after it has finished its copyright period with regards to its ownership?

A) A non-copyright holder can purchase the rights to the work.
B) The work will enter the public domain to be used for free.
C) The copyright can be renewed for a fee by the original creator of the work.
D) The government takes over ownership of the work, and provides it to the public domain for a fee.

Question 58

Which of the following provisions does the American Inventors Protection Act make?

A) It does not let non-patent holders to challenge the inventor's patent.
B) It allows the inventor to ask for an immediate patent on his invention.
C) It protects the invention from going public before the patent is issued.
D) It lets the inventor apply for a provisional right application.

Question 59

How is a copyright different from a patent?

A) Patents fall under the federal law, while copyrights fall under state law.
B) Copyrights should be novel, and useful, while patents need not be so.
C) Copyrights are applied for inventions, while a patent is applied for tangible writings.
D) Patents have a limited term period, while copyrights carry lifelong terms.

Question 60

Which of the following intellectual properties is protected by the Lanham Act?

A) trade secret
B) trademark
C) copyright
D) patent

Question 61

What is a provisional patent application?

Question 62

John Crichton had applied for a trademark logo at the U.S. Patent and Trademark Office for his new startup company, stating that he would use the logo in commerce within the next six months. But even after six months he had not yet used the logo. Which of the following recourses does trademark law allow John Crichton so that he can retain his logo till he uses it in commerce?

A) Pay a fine so that the trademark gets registered immediately.
B) Change the logo slightly, and reapply for the newly altered logo.
C) Cancel the current application and apply for the same logo again.
D) Apply for a six-month extension for the logo.

Question 63

"Just Do It" is a famous tagline used by the Nike Corporation. Which of the following types of intellectual property would this tagline come under?

A) trademark
B) patent
C) trade secret
D) copyright

Question 64

In 1997, Congress enacted the ________ Act, a federal statute that criminalizes certain copyright infringement.

Question 65

A(n)________ is a patent that protects the functionality of a patent.

Question 66

Explain the process of copyright registration.

Question 67

________ is a type of trademark dilution where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.

Question 68

The ________ doctrine allows for certain limited unauthorized use of copyrighted materials.

Question 69

Give an account of the Economic Espionage Act and its importance in combating cyber piracy.

Question 70

A trademark that becomes a common term for a product line or type of service is called a(n)________.

Question 71

Explain what a generic name is with reference to trademarks.

Question 72

In 1946, Congress enacted the ________ Act to provide federal protection to trademarks, service marks, and other marks.

Question 73

Applications for patents must be filed with the ________.

Question 74

The ________ is a special federal appeals court that hears appeals from the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office and federal courts concerning patent issues.

Question 75

A(n)________ is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.

Question 76

What is acquiring secondary meaning in trademark terms?

A) when a mark that resembles a mark already registered with the federal PTO is used for a new product or service
B) when ordinary words establish new meaning due to its attachment to a product or service
C) when a distinctive mark or design is created for a new product or service
D) when descriptive words are used that have no direct relevance to a product or service

Question 77

A ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

A) private brand
B) service mark
C) orphan work
D) generic name

Question 78

Congress enacted the federal ________, which makes it a federal crime to steal another's trade secrets.

Question 79

Give an account of trademark dilution.

Question 80

________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering, immoral, or reprehensible context likely to evoke negative beliefs about the mark's owner.

A) Tarnishment
B) Blurring
C) Astroturfing
D) Trolling