Deck 7: Intellectual Property and Cyber Piracy

Question 1

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

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

Answer 1

D

Question 2

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

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

Answer 2

A

Question 3

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

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

Answer 3

D

Question 4

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

Question 5

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)the rights to a trade secret will have to be renewed after a specified period of time
C)trade secrets can be shared for a limited amount of time
D)it is a federal crime to steal another's trade secret

Question 6

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

Question 7

According to the public use doctrine for patents,________.

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

Question 8

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

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

Question 9

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)patent
C)trade secret
D)trademark

Question 10

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

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

Question 11

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

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

Question 12

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

Question 13

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

Question 14

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

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

Question 15

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

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

Question 16

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

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

Question 17

What is a patent number?

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

Question 18

In the context of patents,which of the following is a key function of the U.S.Court of Appeals for the Federal Circuit?

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

Question 19

How do patent laws help an inventor?

A)They let the inventor keep his patents indefinitely.
B)They help the inventor meet potential buyers for his patented inventions.
C)They provide protection for patented inventions from infringement.
D)They help the inventor guard his patented invention from the public.

Question 20

When does a patent enter the public domain?

A)when the patent has been challenged in court and found to be an infringement
B)when the patent term period has expired
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 21

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

Question 22

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

Question 23

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

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

Question 24

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

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

Question 25

For how long is the copyright protection provided to individuals under the Copyright Term Extension Act of 1998?

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

Question 26

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

Question 27

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

Question 28

Utility patents for inventions are valid for 20 years.

Question 29

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

Question 30

Which of the following is a provision made under the Berne Convention?

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

Question 31

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

Question 32

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

Question 33

What is a provisional patent application?

Question 34

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

Question 35

Which of the following is suitable for copyrighting?

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

Question 36

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

Question 37

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

Question 38

A patent number is given to a patent that is still under consideration.

Question 39

A provisional application for a patent gives an inventor three months to prepare a final patent application.

Question 40

In the United States,the first party to file a patent on an invention receives the patent even though some other party was the first to invent the invention.

Question 41

A ________ mark is a mark that confirms that a seller of a product or service has met certain geographical location requirements,quality standards,material standards,or mode of manufacturing standards established by the owner of the mark.

A)guarantee
B)certification
C)service
D)collective membership

Question 42

Explain the process of copyright registration.

Question 43

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 permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder.
C)It permits use of copyright material by someone other than the copyright holder at a fixed fee.
D)It guides the U.S. Copyright Office in determining what works require copyrights based on the works' validity.

Question 44

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

Question 45

Copyrights owned by businesses are protected for 95 years from the year of first publication.

Question 46

How is a copyright different from a patent?

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

Question 47

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

Question 48

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

Question 49

________ 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)Trademark
C)Patent
D)Copyright

Question 50

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n)________ mark.

A)collective membership
B)certification
C)service
D)ownership

Question 51

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

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

Question 52

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

A)The work will enter the public domain to be used for free.
B)A non-copyright holder can purchase the rights to the work.
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 53

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

Question 54

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

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

Question 55

Which of the following would be considered a copyright infringement?

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

Question 56

Copyrights are addressed separately by different state laws.

Question 57

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

Question 58

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 until he uses it in commerce?

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

Question 59

A company logo would be an example of a ________.

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

Question 60

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)Sonny Bono Copyright Term Extension Act
D)No Electronic Theft Act

Question 61

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

Question 62

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

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

Question 64

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

Question 65

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

Question 66

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

Question 67

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

Question 68

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

Question 69

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

Question 70

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

Question 71

Explain what a generic name is with reference to trademarks.

Question 72

A company slogan is an example of a trademark.

Question 73

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 descriptive words are used that have no direct relevance to a product or service
C)when ordinary words establish new meaning due to its attachment to a product or service
D)when a distinctive mark or design is created for a new product or service

Question 74

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

Question 75

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

Question 76

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

Question 77

Give an account of trademark dilution.

Question 78

A collective membership mark identifies different products in the same product line of an organization.

Question 79

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