Deck 7: Intellectual Property and Cyber Piracy

Question 1

Over one-half of the value of large companies in the United States is related to their intangible property rights.

Answer 1

True

Question 2

Intellectual property falls into a category of property known as tangible rights.

Answer 2

False

Question 3

It is acceptable to discover a trade secret by reverse engineering even if the owner of the trade secret has taken all reasonable precautions to prevent discovery of the secret.

Answer 3

True

Question 4

The owner of a trade secret can bring a civil lawsuit under state law against anyone who has misappropriated a trade secret through unlawful means.

Question 5

The Economic Espionage Act (EEA)imposes prison terms on individuals of up to five (5)years per criminal violation.

Question 6

The Economic Espionage Act (EEA)makes it a state crime to steal another's trade secrets.

Question 7

The Uniform Trade Secrets Act has been adopted by all fifty states.

Question 8

Generally,a successful plaintiff in a trade secret action can recover the profits made by the offender from the use of the trade secret,recover for damages,and obtain an injunction prohibiting the offender from divulging or using the trade secret.

Question 9

Trade secrets may be product formulas,patterns,designs,compilations of data,customer lists,or other business secrets.

Question 10

For trade secrets to be protected,a business owner is obligated to take all reasonable precautions to prevent discovery of the trade secrets by others.

Question 11

Under the Economic Espionage Act (EEA),the criminal prison term for individuals and the criminal fine for organizations can be increased if the theft of a trade secret was made to benefit a foreign government.

Question 12

A customer list is not considered a trade secret.

Question 13

The most famous trade secret is the Nike "swoosh."

Question 14

Recovery can be sought for stolen trade secrets only if they were patented or copyrighted.

Question 15

One of the major reasons for the passage of the Economic Espionage Act (EEA)was to address the ease of stealing trade secrets through computer espionage and using the Internet.

Question 16

Because of their tangible nature,intellectual property rights are more subject to misappropriation than is intangible property.

Question 17

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

Question 18

The definition of "trade secret" under the Economic Espionage Act (EEA)is very specific and differs significantly from the definition used under the civil laws of misappropriating a trade secret.

Question 19

Even industries that are not intellectual property-intensive are still highly dependent on their intellectual property rights.

Question 20

Under the Economic Espionage Act (EEA),an organization can be fined up to $250,000 per criminal act.

Question 21

In order to be patentable,an invention must be proven to be able to be marketed profitably.

Question 22

In the United States,if two people independently develop the same invention,the patent will be granted to the first to file for the patent,not the first to invent the invention.

Question 23

Applications for patents must be filed with the U.S.Patent and Trademark Office (PTO)in Washington,D.C.

Question 24

One can challenge the issuance of a patent but cannot challenge an existing approved patent.

Question 25

A patent 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 an unlimited amount of time.

Question 26

The U.S.Court of Appeals for the Federal Circuit in Washington,D.C.is a special federal appeals court that hears patent appeals from the Board of Patent Appeals and Interferences of the U.S,Patent and Trademark Office and federal courts concerning patent issues.

Question 27

A patent cannot be acquired for an invention that has been in public use for more than one year at the time of application.

Question 28

Most patents are fidelity patents that protect the functionality of an invention.

Question 29

Design patents are valid for seventeen (17)years.

Question 30

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

Question 31

If a patent application is filed but a patent has not yet been issued,the applicant usually places the words "patent conditional" on the article.

Question 32

After the patent period runs out,the invention or design enters the public domain.

Question 33

The United States Congress enacted the Federal Patent Statute of 1852 to provide for obtaining and protecting patents.

Question 34

The U.S.Court of Appeals for the Federal Circuit was created to promote diversity in patent laws.

Question 35

Federal patent law is exclusive; there are no state patent laws.

Question 36

Abstractions and scientific principles cannot be patented unless they are part of the intangible environment.

Question 37

Utility patents for inventions are valid for seventeen (17)years.

Question 38

Patent protection is provided for in the United States Constitution.

Question 39

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

Question 40

Article II,Section 4 of the United States Constitution provides "The Congress shall have Power...To promote the Progress of Science and useful Arts,by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Question 41

In 1998,the length of copyright protection for an individual holder was extended to the life of the author plus 70 years.

Question 42

The Digital Millennium Copyright Act prohibits access to copyrighted digital works by circumventing the encryption,even if the work is not misused.

Question 43

Individuals who violate the No Electronic Theft Act may be imprisoned.

Question 44

The "fair use" doctrine allows limited public use of copyrighted material without the permission of the copyright holder.

Question 45

Although CDs qualify for copyright protection,MP3 files do not.

Question 46

A court has the discretion to award up to treble damages if the patent infringement was intentional.

Question 47

To be patented,an invention must be novel,useful,and obvious.

Question 48

Patent infringement occurs when someone makes unauthorized use of another's patent.

Question 49

An invention is novel if it has some practical purpose.

Question 50

Both tangible writings and intangible ideas may be copyrighted.

Question 51

Federal and state law has concurrent jurisdiction regarding copyright law.

Question 52

Business models used for commerce on the Internet can be patented.

Question 53

Provisional applications can be filed three months prior to the actual patent application giving the inventor pre-application protection.

Question 54

Copyright infringement occurs when a party copies a substantial and material part of the plaintiff's copyrighted work without permission.

Question 55

The penalty for patent infringement can be treble damages.

Question 56

The term of a patent begins to run when the patent application is filed,not when the application is accepted and the patent is granted.

Question 57

The Copyright Dilution Act of 1986 currently governs copyright law.

Question 58

With computer software,source code but not object code can be copyrighted.

Question 59

The federal government can bring criminal charges against a person who commits copyright infringement.

Question 60

No form of living things can ever be patented.

Question 61

Companies will only be protected if they designate their mark as a registered trademark.

Question 62

De minimis use of a copyrighted work is not illegal or a copyright violation.

Question 63

The Lanham Act is intended to protect the owner's investment and goodwill in a mark and prevent consumers from being confused as to the origin of goods and services.

Question 64

The Digital Millennium Copyright Act makes the act of accessing the protected information a copyright violation,regardless of whether the information is misused.

Question 65

Copyrights owned by businesses are for the same term as copyrights owned by individuals.

Question 66

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

Question 67

An author must file a timely application in order to receive copyright protection.

Question 68

A trademark can be registered even before it is actually used in commerce so long as the registrant verifies a bona fide intention to use the mark in commerce and actually does so within six months.

Question 69

In order to receive copyright protection,a work must be marked as being copyrighted.

Question 70

A certification mark is usually owned by a for-profit organization.

Question 71

Trademarks are protected for a nonrenewable 10-year period.

Question 72

A collective membership mark identifies membership in an organization,but does not identify goods or services.

Question 73

The U.S.Congress has enacted trademark laws to provide legal protection for names,slogans,and logos.

Question 74

A trademark is a distinctive mark,symbol,name,word,motto,or device that identifies the services of a particular business.

Question 75

A law that protects trade dress is the Lanham Act.

Question 76

A collective membership mark is owned by an organization,such as an association,whose members use it to identify themselves with a level of quality or accuracy or other characteristics set by the organization.

Question 77

The word "apple" cannot be trademarked because it is a generic name.

Question 78

A decertification mark is a mark usually owned by a nonprofit cooperative or association.

Question 79

To qualify for federal protection under trademark law,a mark must be distinctive or have acquired a "secondary meaning."

Question 80

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

A) tangible
B) intangible
C) tertiary
D) conditional
E) unconditional