Deck 6: Intellectual Property

Question 1

The Lanham Act (also known as the Trademark Act) defines the use of a trademark, the process for obtaining a trademark, and the penalties associated with trademark infringement.

Answer 1

True

Question 2

The World Intellectual Property Organization (WIPO) Copyright Treaty of 1996 eliminated many of the original copyright protections for electronic media.

Answer 2

False

Question 3

The Fair Use Doctrine is a defense often employed by the defendant in trademark infringement cases.

Answer 3

False

Question 4

Defining and controlling the appropriate level of access to intellectual property are complex tasks.

Question 5

Two software manufacturers could conceivably develop separate programs that perform the same functions in a
nearly identical manner without infringing each other's copyrights.

Question 6

Software, video games, multimedia works, and Web pages can all be copyrighted.

Question 7

Copyright law protects authored works such as art, books, and film.

Question 8

The World Trade Organization (WTO) developed the Agreement on Trade-Related Aspects of Intellectual Property Rights to establish the minimum levels of protection that each government must provide to the intellectual property of all WTO members.

Question 9

A copyright is the exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work.

Question 10

The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008 increased trademark and copyright enforcement and substantially increased penalties for infringement.

Question 11

Copyright infringement is the act of stealing someone's ideas or words and passing them off as one's own.

Question 12

Formulas, inventions, and processes are not considered forms of intellectual property.

Question 13

The Digital Millennium Copyright Act (DMCA) was signed into law in 1998 and implements two 1996 WIPO treaties.

Question 14

Industrial espionage and competitive intelligence are essentially the same.

Question 15

A trademark is business information that represents something of economic value, has required effort or cost to develop, has some degree of uniqueness or novelty, is generally unknown to the public, and is kept confidential.

Question 16

Cross-licensing agreements between organizations allow each party to sue the other over patent infringements.

Question 17

A trademark permits its owner to exclude the public from making, using, or selling a protected invention, and allows for legal action against violators.

Question 18

The fair use doctrine denies portions of patented materials to be used without permission under any circumstance.

Question 19

The term of copyright has been extended several times from its original limit of 25 years to 35 years.

Question 20

The main body of law that governs patents is contained in Title 35 of the U.S. Code.

Question 21

The first state to enact the Uniform Trade Secrets Act was Illinois.

Question 22

The of 1996 imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.

A) Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
B) The Economic Espionage Act (EEA)
C) ?Agreement on Trade-Related Aspects of Intellectual Property Rights
D) The Lanham Act

Question 23

Because organizations can risk losing trade secrets when key employees leave, they often try to prohibit employees from revealing secrets by adding non-compete clauses to employment contracts.

Question 24

Open source code is any program whose source code is made available for use or modification, as users or other developers see fit.

Question 25

In the early days of the Web, many cybersquatters registered domain names for famous trademarks or company names to which they had no connection.

Question 26

Reverse engineering can only be applied to computer hardware, not computer software.

Question 27

Using reverse engineering, a developer can use the code of the current database programming language to recover the design of the information system application.

Question 28

is the existing body of knowledge available to a person of ordinary skill in the art.

A) Prior experience
B) Known facts
C) Body of practice
D) Prior art

Question 29

Copyright and patent protection was established through .

A) the Bill of Rights
B) the U.S. Federal Codes and Statutes
C) the U.S. Constitution
D) various state laws

Question 30

Competitive intelligence involves the gathering and analysis of the trade secrets of your competitors.

Question 31

Programs with open source code can be adapted to meet new needs, and bugs can be rapidly identified and fixed.

Question 32

Patent law protects .

A) art and film
B) information critical to an organization's success
C) books
D) inventions

Question 33

A common use of open source software is to move data from one application to another and to extract, transform, and load business data into large databases.

Question 34

Competitive intelligence analysts must be authorized to take unethical or illegal actions in the normal course of their job.

Question 35

The concept that an idea cannot be copyrighted but the of an idea can be is key to understanding copyright protection.

A) expression
B) summary
C) variation
D) illustration

Question 36

Motion picture companies supported the development and worldwide licensing of the , which enables a DVD player or a computer drive to decrypt, unscramble, and play back motion pictures on DVDs, but not copy them.

A) Time Warner Cable system
B) RIAA
C) DeCSS
D) Content Scramble System (CSS)

Question 37

The U.S. Supreme Court has ruled that there are classes of items that cannot be patented.

A) two
B) three
C) four
D) five

Question 38

A patent is a grant of a property right issued by the to an inventor.

A) USPS
B) USPTO
C) FTC
D) SEC

Question 39

is the process of taking something apart in order to understand it, build a copy of it, or improve it.

A) Plagiarism
B) Patent infringement
C) Reverse engineering
D) Decompiling

Question 40

The Digital Millennium Copyright Act (DMCA) was signed into law in .

A) 1992
B) 1998
C) 1990
D) 1996

Question 41

One of the tests that an invention must pass to be eligible for a patent is that it must .

A) be a machine
B) not be economical to produce
C) be capable of providing economic benefit
D) be obvious to a person having ordinary skill in the same field

Question 42

A(n) can read the machine language of a software program and produce the source code.

A) compiler
B) open source decoder
C) re-engineering device
D) decompiler

Question 43

Unlike traditional copyright law, the does not govern copying; instead, it focuses on the distribution of tools and software that can be used for copyright infringement as well as for legitimate non-infringing use.
A) TRIPS Agreement

A) WIPO Copyright Treaty
B) ?Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
B) Digital Millennium Copyright Act (DMCA)

Question 44

The established the minimum levels of protection that each country must provide to all WTO members.
A) The World Intellectual Property Organization (WIPO)

A) World Trade Organization (WTO)
B) ?Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
B) Digital Millennium Copyright Act (DMCA)

Question 45

The redistribution of a program code with no copyright as a proprietary software can be avoided by using a(n) _____.

A) nondisclosure clause
B) open source license
C) patent protection
D) copyright term

Question 46

Firefox and OpenOffice are all examples of .

A) Web browsers
B) utility software
C) products developed through re-engineering
D) open source software

Question 47

The requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.

A) TRIPS agreement
B) DMCA
C) PRO­IP Act
D) WIPO Copyright Agreement

Question 48

Cybersquatters .

A) frequently launch denial-of-service attacks against popular Web sites
B) register domain names for famous trademarks or company names to which they have no connection
C) remain connected to popular Web sites for extremely long periods of time making it difficult for others to obtain service
D) employ phishing tactics using the domain names of popular Web sites

Question 49

One key advantage that trade secret law has over the use of patents and copyrights in protecting companies from losing control of their intellectual property is .

A) the time limitation for a trade secret is longer than for patents and copyrights
B) no royalties must be paid on trade secrets
C) trade secrets can become part of the prior art and be used to protect patents and copyrights
D) there is no need to file an application or disclose a trade secret to gain protection

Question 50

allows portions of copyrighted materials to be used without permission under certain circumstances.

A) Plagiarism
B) Copyright infringement
C) Fair use doctrine
D) Use of prior art

Question 51

A claims as its invention some feature or process embodied in instructions executed by a computer.

A) trade secret
B) software patent
C) cross-licensing agreement
D) patent infringement

Question 52

The courts have ruled in favor of using reverse engineering to .

A) allow the domination of a particular software market by a single manufacturer
B) provide access to protected elements of an original work
C) circumvent restrictive trade secrets
D) enable interoperability

Question 53

The enacted in 1999, allows trademark owners to challenge foreign cybersquatters who might otherwise be beyond the jurisdiction of U.S. courts.

A) ACPA
B) PRO-IP Act
C) Economic Espionage Act
D) CAN-SPAM Act

Question 54

A(n) prohibits a departing employee from working for any competitors for a period of time.

A) noncompete agreement
B) license agreement
C) nondisclosure agreement
D) union agreement

Question 55

Legally obtained information that is gathered to help a company gain an advantage over its rivals is called .

A) prior art
B) industrial espionage
C) competitive intelligence
D) trade secrets

Question 56

was a legislator and former singer and entertainer who co-sponsored the Copyright Term Extension Act.

A) Frank Sinatra
B) Sonny Bono
C) Dean Martin
D) Sammy Davis Jr.

Question 57

The of 2008 increased trademark and copyright enforcement and substantially increased penalties for infringement.
A) Agreement on Trade-Related Aspects of Intellectual Property Rights

A) Digital Millennium Copyright Act (DMCA)
B) ?Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
B) General Agreement on Tariffs and Trade

Question 58

Under the , the U.S. patent system changed from a "first­to­invent" to a "first­inventor­to­file" system.

A) Economic Espionage Act
B) Lanham Act
C) Uniform Trade Secrets Act
D) Leahy-Smith America Invents Act

Question 59

is the act of stealing someone's ideas or words and passing them off as one's own.

A) Plagiarism
B) Cybersquatting
C) Reverse engineering
D) Patent trolling

Question 60

A(n) is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company's products from another's.

A) trade secret
B) watermark
C) trademark
D) earmark

Question 61

Under the Act, trademark holders can seek civil damages of up to $100,000 from cybersquatters that register their trade names or similar-sounding names as domain names.

Question 62

The was drafted in the 1970s to bring uniformity to all the United States in the area of trade secret law.

Question 63

According to the Copyright Term Extension Act signed into law in 1998, for works created after January 1, 1978, copyright protection endures for the life of the author plus .

Question 64

A(n) is business information that represents something of economic value, has required effort or cost to develop, has some degree of uniqueness or novelty, is generally unknown to the public, and is kept confidential.

Question 65

Because organizations can risk losing trade secrets when key employees leave, they often try to prohibit employees from revealing secrets by adding to employment contracts.

Question 66

The is a nonprofit corporation responsible for managing the Internet's domain name system.

Question 67

One frequent use of for software is to modify an application that ran on one vendor's database so that it can run on another's.

Question 68

Unlike a copyright, a patent prevents as well as copying.

Question 69

The prohibits circumvention of any technical measures put in place to protect copyrighted works.

Question 70

is a violation of the rights secured by the owner of a copyright.

Question 71

Together, copyright, patent, and legislation form a complex body of law that addresses the ownership of intellectual property.

Question 72

Copyright and patent protection was established through the , which specifies that Congress shall have the power "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries."

Question 73

Merchants seeking trademark protection apply to the if they are using the mark in interstate commerce or if they can demonstrate a true intent to do so.

Question 74

The main tactic organizations use to circumvent cybersquatting is to protect a trademark by registering numerous
_____.

Question 75

is the use of illegal means to obtain business information not available to the general public.

Question 76

Trade secret law protects only against the of trade secrets.

Question 77

The created the World Trade Organization.

Question 78

Works that have not been fixed in a tangible form of expression and those that consist entirely of common information that contains no original authorship are not eligible for .

Question 79

The was drafted to bring uniformity to all the states in the area of trade secret law.

Question 80

A software developer could make a program simply by putting it into the public domain with no copyright, allowing others to revise the original code.