Deck 18: Intellectual Property

Question 1

Words and phrases, such as names, titles, and slogans are copyrightable.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

D

Question 4

Copyright protects the expression of ideas in some tangible form and the ideas themselves.

Question 5

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

Question 6

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

Question 7

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

Question 8

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 9

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

Question 10

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

Question 11

McDonald's is an example of a service mark.

Question 12

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 13

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 not machines.
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 14

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 15

Intellectual property consists of intangible personal properties.

Question 16

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

Question 17

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

Question 18

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 19

Intellectual properties are:

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

Question 20

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

Question 21

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 22

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

Question 23

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 24

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 an) _____.

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

Question 25

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 26

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

Question 27

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

Question 28

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 29

Which of the following acts provides that the owners of marks of significant value have property rights that should not be eroded, blurred, or tarnished in any way by another?

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

Question 30

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 31

Which of the following is true of copyrights?

A) Copyright law protects original ideas in 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 32

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) Carltona doctrine