Deck 15: Law of Intellectual Property Rights Licensing

Question 1

Some developing countries bar the use of foreign brands or trademarks.

Answer 1

True

Question 2

In the U.S., trade secrets are protected under federal statutory law.

Answer 2

False

Question 3

The European Union has the most restrictive intellectual property law in the world.

Answer 3

True

Question 4

Trademark law protects works of original authorship.

Question 5

Copyright protection does not begin until a copyright notice is placed on the work and registered with the Copyright Office.

Question 6

As long as a trademark does not become generic, it may be perpetually renewed.

Question 7

Trade secrets may be protected perpetually in all circumstances.

Question 8

The Economic Espionage Act designates confidential customer lists as protected trade secrets.

Question 9

Most countries in the world award patents on a first to invent basis.

Question 10

A trademark registered with the U.S. Patent and Trademark Office remains in force for 10 years from the date of registration.

Question 11

As a general rule, a copyright endures for the life of the work's author plus an additional 70 years after his/her death.

Question 12

To prove trademark infringement under American law a party must prove that another's use of the registered mark is likely to cause consumer confusion.

Question 13

Under the Trademark Act, it is required that a mark be registered in order to be able to bring a false designation of origin claim.

Question 14

Blurring is a type of trademark dilution in which the trademark is linked to products of shoddy quality.

Question 15

The fair use doctrine allows others to use small portions of a copyright work in the creation of another work.

Question 16

Materials in the public domain are not afforded copyright protection.

Question 17

The importation of gray market goods is closely monitored by the Customs Service.

Question 18

Once a trademark owner sells his product, the buyer ordinarily may resell the product under the original mark without incurring any trademark law liability.

Question 19

Bootlegging is an unauthorized duplication of a performance already reduced to a sound recording and commercially released.

Question 20

The Berne Convention firmly established what types of literary and artistic works are to be protected by signatory countries.

Question 21

The Rome Act of 1928 recognized the moral rights of authors to object to any distortion or other modification of the work.

Question 22

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) is enforced under the auspices of the World Intellectual Property Organization (WIPO).

Question 23

TRIPS recognizes a country's right to limit the granting of intellectual property rights when they violate antitrust laws

Question 24

The least?developed country members of TRIPS are given a period of 10 years to implement the TRIPS Agreement.

Question 25

The concept of compulsory licensing is recognized under TRIPS.

Question 26

Article 19 of TRIPS allows a country to cancel a trademark registration if it is unused for a period of seven years.

Question 27

Under U.S. law, patent rights automatically vest in the inventor at the time of invention.

Question 28

The EU trademark is not currently recognized in all fifteen member countries.

Question 29

Compulsory licenses are government grants of statutory rights to use someone else's intellectual property rights.

Question 30

In the United States, the four general types of intellectual property protection include all of the following except:

A) Copyright
B) Trademark
C) Trade secrets
D) Licensing
E) Patent

Question 31

_________ protects words, names, and other symbols that are used to identify a company's goods and to distinguish them from those manufactured by others:

A) Copyright law
B) Licensing law
C) Trade secret law
D) Patent law
E) Trademark law

Question 32

________ protects works of original authorship from unauthorized duplication, modification, or distribution.

A) Copyright law
B) Licensing law
C) Trade Secret law
D) Patent law
E) Trademark law

Question 33

_________ protects inventions that are "novel, useful, and non-obvious."

A) Copyright law
B) Licensing law
C) Trade Secret law
D) Patent law
E) Trademark law

Question 34

Patentable subject matter includes all of the following except:

A) Machines
B) Manufactured articles
C) Software
D) Processes
E) Material compositions

Question 35

It became a crime to steal business trade secrets with the passage of the:

A) Foreign Corrupt Practices Act
B) Economic Espionage Act
C) Uniform Trade Secrets Act
D) Copyright and Trade Secret Protection Act
E) None of the above

Question 36

In the U.S., a patent confers on its owner the exclusive right to manufacture, use, and sell the patented product or process within the United States for a period of:

A) 5 years
B) 10 years
C) 15 years
D) 20 years
E) 25 years

Question 37

The Federal law that deals with trademark issues is the:

A) Lanham Act
B) Rodgers Act
C) Smoot-Hawley Act
D) Tilley Act

Question 38

Imports bearing a genuine trademark but imported by a party other than the trademark holder or authorized importer are known as:

A) Black market goods
B) Gray market goods
C) White market goods
D) Red market goods

Question 39

The two recognized types of dilution in the Federal Trademark Dilution Act are:

A) Watered down; tarnishment
B) Tarnishment; blurring
C) Obscurement, blurring
D) Watered down; blurring
E) Tarnishment; obscurement

Question 40

Under U.S. patent, the notion there need not be an exact copying of an invention to prove a case of patent infringement is known as the:

A) Law of similar goods
B) As-good-as doctrine
C) Doctrine of equivalents
D) Doctrine of comparable goods

Question 41

If an author contributes an article to be included in a collected work, then U.S. copyright law holds that:

A) The author loses copyright to his contribution
B) The author retains copyright for his contribution only
C) The producer of the collective work obtains a copyright in the collective work
D) A & C only
E) B & C only

Question 42

Published works are eligible for copyright protection in the United States if:

A) The author is a national of the U.S
B) The author is domiciled in the U.S.
C) The work is first published in the U.S.
D) A & C only
E) All of the above

Question 43

The right of an owner of copyrighted material to sell or otherwise dispose of purchased copyrighted materials without permission of the copyright owner is recognized by the Supreme Court through the:

A) First sale doctrine
B) Public domain doctrine
C) Fair use doctrine
D) None of the above

Question 44

All of the following are intellectual property conventions except:

A) Paris Convention for the Protection of Industrial Property
B) Hague Convention Concerning Intellectual Property in Semi-Conductor Masks
C) Berne Convention for the Protection of Literary and Artistic Works
D) Universal Copyright Convention

Question 45

The _________ recognized for the first time that photographic works were to be given copyright protection.

A) Berlin Act of 1908
B) Rome Act of 1928
C) Brussels Act of 1948
D) Stockholm Act of 1967

Question 46

Protocols to the Agreement on Trade-Related Aspects of Intellectual Property have been adopted which provide more specific standards in all of the following areas except:

A) Telecommunications services
B) Information technology
C) Financial services
D) Management consulting

Question 47

Transitional provisions incorporated into TRIPS allow developing countries and former communist countries ________ years to implement the requirements of the agreement.

A) 3 years
B) 4 years
C) 5 years
D) 6 years
E) 7 years

Question 48

Under Article 63's _________, countries are required to transmit copies of their laws and regulations pertaining to intellectual property to the Council for Trade-Related Aspects of Intellectual Property:

A) National treatment principal
B) Most favored nation principal
C) Transparency principal
D) None of the above

Question 49

A system that allocates rights to a patent or trademark based upon the "first to register" rule is referred to as a:

A) Distributive system
B) Attributive system
C) Registration system
D) None of the above

Question 50

The U.S. owner of an intellectual property right whose right has been infringed in a foreign country must enforce his right through:

A) Local law
B) U.S. law
C) WIPO
D) WTO
E) None of the above

Question 51

Discuss American trademark law. In particular, focus on the factors the courts will examine to determine if a trademark infringement has occurred.

Question 52

What is trademark dilution? Compare the concepts of 'blurring' and 'tarnishment'. What must a plaintiff establish in order to prove trademark dilution?

Question 53

Discuss the three general exceptions to exclusive copyright protection.

Question 54

Discuss the Paris Treaty and the rights and duties it grants to a U.S. intellectual property holder looking to secure foreign trademark or patent rights.

Question 55

Discuss the rights protected under the Berne Convention and its subsequent amendments.

Question 56

A licensor is the owner of intellectual property rights.

Question 57

The licensor pays the licensee a royalty for the use of intellectual property.

Question 58

Licensing generally poses fewer financial and legal risks than foreign direct investment.

Question 59

U.S. antitrust law generally prohibits international technology licensing agreements that unreasonably restrict imports of competing goods or technology into the United States.

Question 60

In the U.S. an intellectual property license must be registered with the Commerce Department.

Question 61

In the U.S. a transfer of copyright ownership is not valid unless it is in writing and signed by the owner.

Question 62

The laws concerning international property protection are fairly harmonized throughout the world.

Question 63

In Russia, the failure to register a licensing agreement with the government invalidates the agreement.

Question 64

EU law is generally silent on licensing agreements that include territorial restrictions on where a licensee may sell product.

Question 65

An improvement to a technology made by a licensee automatically becomes the property of the licensor.

Question 66

The aim of technology transfer laws is to protect and promote competition.

Question 67

The courts in developing countries will generally disregard choice of law clauses in licensing agreements that favor the law of the licensor.

Question 68

A 'most favored licensee clause' requires the licensor to provide the same royalty rate and terms to the licensee that he subsequently gives to another competitive licensee.

Question 69

A third party that provides a service that allows a licensee to avoid restrictions found in its patent grant (license) is guilty of "induced infringement."

Question 70

Non-reciprocal grant back clauses are generally enforced in United States courts unless they are held to violate the antitrust laws.

Question 71

Royalties based upon increases in the licensee's overall sales are known as Momentum royalties.

Question 72

Host country anti-trust, technology transfer, and consumer protection laws can usually be avoided through contractual agreement.

Question 73

The U.S. Supreme Court in Brulotte v. Thys Co. held that an agreement that extends royalties beyond the life of a patent is enforceable.

Question 74

In the U.S., if a licensing agreement is silent as to duration, then the courts will usually imply that it was intended to grant rights for the entire statutory term of the patent, copyright, or trademark.

Question 75

In determining a royalty rate, the use of gross sales is generally favorable to the licensee, while net sales favor the licensor.

Question 76

In the United Sates, a licensee has the right to sue third parties for patent infringement pertaining to the licensed property.

Question 77

No-challenge clauses are generally not valid under U.S. law.

Question 78

In most cases, the licensing of information is governed by the UCC.

Question 79

Computer information transactions are governed by UCITA.

Question 80

Under UCITA, a contract can be formed between a computer and a person, but not by two computers.