Question 1

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.​

Accepted Answer

According to the Berne Convention for the Protection of Literary and Artistic Works, copyright protection is automatic and recognized internationally, regardless of whether a country is a party to international agreements relating to intellectual property rights.

Question 2

Theft of confidential data by industrial espionage is a theft of trade secrets.​

Accepted Answer

Industrial espionage involves the theft of confidential information such as trade secrets, customer lists, and business strategies, which is considered a violation of intellectual property. Therefore, theft of confidential data by industrial espionage is a theft of trade secrets.

Question 3

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely​
A) ​copyright infringement.
B) ​patent infringement.
C) ​trademark infringement.
D) ​a theft of trade secrets.

Accepted Answer

Trademark infringement occurs when a company uses a name, logo, or other distinguishing characteristic that is similar to another company's trademarked property. In this case, Darkroast Java, Inc. used a name that is similar to Beans Coffee & Cocoa Company's CoCoCafe, which could lead to confusion among consumers and harm the original company's brand.

Question 4

The theft of trade secrets is a federal crime.​

Accepted Answer

The Economic Espionage Act of 1996 makes the theft of trade secrets a federal crime, punishable by fines and imprisonment.

Question 5

An exception to liability for copyright infringement is made under the "fair use" doctrine.​

Accepted Answer

The fair use doctrine allows limited use of copyrighted material without requiring permission from the rights holder, and is recognized as an exception to liability for copyright infringement. However, the rules around what constitutes fair use can be complex and are subject to interpretation on a case-by-case basis.

Question 6

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to​
A) ​import genuine trademarked goods.
B) ​traffic in counterfeit packaging.
C) ​sell counterfeit versions of brand-name products in foreign countries.
D) ​unknowingly buy goods with a counterfeit mark.

Accepted Answer

Tai Ltd. is engaging in counterfeiting by making labels with another firm's trademark and affixing them to inferior products, then selling these counterfeit goods to retailers who are unaware of their illegitimacy. This is a crime under intellectual property laws.

Question 7

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.​

Accepted Answer

The TRIPS agreement requires member countries to include intellectual property rights in their domestic laws.

Question 8

A copy must be exactly the same as the original to infringe a copyright.​

Accepted Answer

A copy does not need to be exactly the same as the original to infringe a copyright. If the substantial elements of the original work are present in the copy, it can still be considered an infringement.

Question 9

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​
A) ​the phone.
B) ​the "newness" of the device.
C) ​the name "OneforAll."
D) ​none of the choices.

Accepted Answer

AllforOne can obtain trademark protection for the name "OneforAll" as it is a distinctive name that identifies the source of the product. Trademark protection does not apply to the phone itself or the "newness" of the device.

Question 10

Production techniques are not trade secrets.​

Accepted Answer

Production techniques can be considered trade secrets if they are not generally known or readily ascertainable by others and provide a competitive advantage to the company that holds them.

Question 11

The TRIPS agreement covers computer programs.​

Accepted Answer

The TRIPS agreement includes computer programs as a category of intellectual property that is required to be protected by member countries.

Question 12

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​
A) ​consumers are confused.
B) ​Sleek Feet and Thor are competitors.
C) ​Sleek Feet's use is intentional.
D) ​Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

Accepted Answer

Trademark dilution occurs when an unauthorized use of a mark is likely to impair the distinctiveness of the famous mark or harm its reputation. It does not require consumer confusion, competition between the parties, or intentional use. Therefore, the only choice that correctly describes the necessary element for trademark dilution is D - Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.

Question 13

Protection of trade secrets extends both to ideas and to their expression.​

Accepted Answer

Trade secret protection extends to both the ideas behind a product or process as well as the way it is expressed or implemented.

Question 14

Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on​
A) ​how extensively Jon markets his line of clothing.
B) ​the market for Jon's line of clothing.
C) ​the number of clothing sales Jon makes.
D) ​all of the choices are correct.

Accepted Answer

The acquisition of a secondary meaning for a personal name in the context of a product or brand depends on various factors, including the extent of marketing, the market presence, and sales volume. All these elements contribute to the association of the name with the specific product or brand in the minds of consumers.

Question 15

All aspects of software are protected by copyright law.​

Accepted Answer

Copyright law protects the expression of ideas in software, such as the code and user interface, but not the ideas, concepts, or functions themselves.

Question 16

The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet.​

Accepted Answer

The Anti-Counterfeiting Trade Agreement (ACTA) is an agreement between various countries that aims to combat the trade of counterfeit goods and pirated copyrighted works, including those being distributed via the Internet.

Question 17

A person who buys a copyrighted work cannot sell it to someone else.​

Accepted Answer

Under the doctrine of the first sale, once a copyrighted work is lawfully purchased, the buyer can resell that physical copy to someone else.

Question 18

A marketing technique can be a trade secret.​

Accepted Answer

A marketing technique can be considered a type of confidential information that provides a company with a competitive advantage. As such, it can be protected as a trade secret.

Question 19

Copyright protection is automatic-registration is not required.​

Accepted Answer

Copyright protection is automatic, which means that the moment a work is created and fixed in a tangible form, it is protected by copyright law. Registration is not required to establish this protection, although it may provide additional benefits such as the ability to sue for infringement and the availability of statutory damages.

Question 20

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.​

Accepted Answer

This falls under the Fair Use provision of copyright law, which allows for limited reproduction of copyrighted material for educational purposes without requiring payment of royalties. However, there are specific limitations and guidelines that must be followed, such as only using a limited amount of the material and not infringing on the market value of the original work.

Quiz 8: Intellectual Property Rights

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.​

Theft of confidential data by industrial espionage is a theft of trade secrets.​

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely​

The theft of trade secrets is a federal crime.​

An exception to liability for copyright infringement is made under the "fair use" doctrine.​

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.​

A copy must be exactly the same as the original to infringe a copyright.​

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for​

Production techniques are not trade secrets.​

The TRIPS agreement covers computer programs.​

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​

Protection of trade secrets extends both to ideas and to their expression.​

Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on​

All aspects of software are protected by copyright law.​

The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet.​

A person who buys a copyrighted work cannot sell it to someone else.​

A marketing technique can be a trade secret.​

Copyright protection is automatic-registration is not required.​

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.​

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights.

Theft of confidential data by industrial espionage is a theft of trade secrets.

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely

The theft of trade secrets is a federal crime.

An exception to liability for copyright infringement is made under the "fair use" doctrine.

Each member country of the TRIPS agreement must include in its domestic laws intellectual property rights.

A copy must be exactly the same as the original to infringe a copyright.

AllforOne Inc. develops a new phone that the company names "OneforAll." AllforOne can obtain trademark protection for

Production techniques are not trade secrets.

The TRIPS agreement covers computer programs.

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that

Protection of trade secrets extends both to ideas and to their expression.

Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on

All aspects of software are protected by copyright law.

The Anti-Counterfeiting Trade Agreement applies to pirated, copyrighted works being distributed via the Internet.

A person who buys a copyrighted work cannot sell it to someone else.

A marketing technique can be a trade secret.

Copyright protection is automatic-registration is not required.

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties.