Deck 32: Intellectual Property

Question 1

Copyright protects the expression of ideas in some tangible form, but also the ideas themselves.

Answer 1

False

Question 2

Intellectual property is always intangible personal property.

Answer 2

True

Question 3

McDonald's is an example of a service mark.

Answer 3

True

Question 4

The legal right given to authors to prevent others from duplicating the expression embodied in a protected work is known as a:

A) service mark.
B) certification mark.
C) copyright.
D) trademark.
E) patent.

Question 5

An opposition proceeding is filed by those who feel that their own trademarks would be hurt by registration of a proposed mark.

Question 6

Which of the following refers to any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others?

A) Copyright
B) Certification mark.
C) Trade secret
D) Trademark
E) Patent

Question 7

A trade secret refers to a process or chemical formula known only to an employer and those employees who need to know in order to use it in business.

Question 8

Which of the following is true of patents?

A) Patent law is enacted by the Congress under the power given by Article V of the Constitution.
B) A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years.
C) Processes may be patented but machines may not be.
D) A composition of matter is found in nature and can be patented.
E) A design patent gives the owner exclusive rights to use the design for fourteen years.

Question 9

A copyright gives its holder the exclusive right to prepare derivative works based on the copyrighted work.

Question 10

Under current law, a design patent gives the inventor exclusive rights to use the design for twenty years.

Question 11

A trademark is the right to prevent others from using a company's product name, slogan, or identifying design.

Question 12

Generic words and phrases --such as names, titles, and slogans -- are copyrightable.

Question 13

The Economic Espionage Act criminalizes the misappropriation of trade secrets with the knowledge or intent that the theft will benefit a foreign nation.

Question 14

Under the Trademark Law Revision Act, a trademark once obtained remains protected for fifty years.

Question 15

A trade secret gives its owner the right to sue anyone who infringes it from making use of it.

Question 16

Which of the following is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention?

A) Trademark
B) Patent
C) Copyright
D) Certification mark.
E) Service mark

Question 17

According to the patent law, a means devised for the production of a given result can be patented.

Question 18

A patent is a legal right given to authors to prevent others from copying the expression embodied in a protected work.

Question 19

In general, the United States grants a patent right to the first person to file for a patent on a product or process rather than to the first person to invent that product or process.

Question 20

Intellectual properties are:

A) intangible personal property.
B) real property.
C) separate property.
D) public property.
E) community property.

Question 21

Which of the following allows for the use of copyrighted material in criticism, comment, news, reporting, teaching, scholarship, or research that does not significantly reduce the market for the copyrighted material?

A) Fair use doctrine
B) Doctrine of equivalents
C) Doctrine of indivisibility
D) Erie doctrine
E) The First Amendment

Question 22

To qualify for protection, a trademark must pass a four-part test. What is the test?

Question 23

In the Passport Video case, various holders of intellectual property sued Passport for its production and sale of The Definitive Elvis. Which of the following statements are true?

A) The trial court found that Passport Video "substantially transformed" the various sound and video clips of Elvis performances owned by the plaintiff.
B) The trial court found that Passport Video was entitled to fair use.
C) The appellate court found that the trial court did not clearly abuse its discretion in not finding fair use by Passport.
D) The appellate court found that the trial court abused its discretion in the way it applied the four-part test for fair use.

Question 24

To be subject to copyright, a writing must fulfill three requirements. What are they?

Question 25

Which of the following is true of copyrights?

A) Copyright law protects original ideas in either tangible or intangible form.
B) A copyright in the U.S. lasts for the life of the author or fifty years, whichever is shorter.
C) The Berne Convention mandated the use of the copyright symbol in order to establish copyright.
D) They Copyright Act is limited to forms of expression that can be written on paper and preserved.
E) A copyright begins when the work is fixed in tangible form, for example, when a book is written.

Question 26

For which of the following can a copyright be obtained?

A) Mathematical calculations
B) A musical composition
C) A process for making an alloy
D) A genetically modified organism
E) A trademark

Question 27

Which of the following acts defined trademark as "any word, name, symbol or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others?"

A) Trademark Law Revision Act
B) Hill-Burton Act
C) Lanham Act
D) Trademark Dilution Act
E) Trademark Counterfeiting Act

Question 28

Which of the following says that infringing products, processes, or machines need not be identical?

A) Act-of-state doctrine
B) Doctrine of equivalents
C) Doctrine of indivisibility
D) Erie doctrine
E) Exclusionary rule

Question 29

Which of the following is true of the Economic Espionage Act (EEA)?

A) The act requires criminal forfeiture of any property used, or intended to be used, in commission of the crime.
B) The act establishes the misappropriation of trade secrets as a civil misdemeanor rather than a criminal act.
C) The act applies only to espionage by organizations, or on behalf of organizations, rather than to individuals.
D) The act authorizes civil proceedings by the Department of Justice to enjoin violations of the act and also creates a private cause of action.
E) The EEA is not effective if the offender is a U.S. company operating outside the United States.

Question 30

A process, chemical formula, list, plan, or mechanism known only to an employer and those employees who need to know in order to use it in business is known as a:

A) patent.
B) service mark.
C) trade secret.
D) copyright.
E) trademark.

Question 31

To obtain a patent, the inventor must provide a description of the invention that gives enough detail so that one skilled in the art will be able to make and use them. This is known as a(n) _____.

A) composition
B) subrogation
C) accession
D) perfection
E) specification

Question 32

Which of the following acts makes the theft or misappropriation of a trade secret a federal crime?

A) Intellectual Property Enforcement Act
B) Sarbanes-Oxley Act
C) Helms-Burton Act
D) Economic Espionage Act
E) Uniform Trade Secrets Act