Question 1

Regular words can become trademarks,as long as consumers identify them with a particular source.

Accepted Answer

This is true. Examples include Apple, Nike, and Pepsi.

Question 2

As in all monopolies,the consumer wants the monopoly to last as long as possible,while the producer always wants the monopoly to end as quickly as possible.

Accepted Answer

In a monopoly, the producer wants it to last for as long as possible in order to maximize profits, while the consumer wants competition and the monopoly to end in order to have more choices and potentially lower prices.

Question 3

The U.S.Patent Act has been amended from the "first to invent" rule to "first inventor to file" rule.

Accepted Answer

The Leahy-Smith America Invents Act (AIA) officially switched the U.S. patent system from a "first to invent" to a "first inventor to file" system on March 16, 2013.

Question 4

The Constitution addresses all forms of modern intellectual property,including trademarks,patents,and copyrights.

Accepted Answer

The Constitution provides a foundation for intellectual property rights, particularly in Article I, Section 8, Clause 8, which grants Congress the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. However, it does not specifically address all forms of modern intellectual property in detail, such as trademarks, patents, and copyrights, as these are elaborated upon in subsequent laws and regulations.

Question 5

Unlike trade secrets,a patent can last forever.

Accepted Answer

A patent can last for a limited time period, usually 20 years from the date of filing. After that, the invention becomes public domain and can be used by anyone without the need for permission or royalty payments to the original inventor.

Question 6

Intellectual property is tangible property,the product of human ingenuity,protected by law.

Accepted Answer

Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. It is protected by law through patents, copyrights, trademarks, etc., but it is considered intangible property because it does not have a physical form.

Question 7

A plant patent expires fourteen years following the original patent application.

Accepted Answer

A plant patent expires twenty years from the filing date of the patent application.

Question 8

Some countries,such as Canada,permit the patenting of life forms.

Accepted Answer

The answer of Some countries,such as Canada,permit the patenting of...

Question 9

Grand literary works such as Shakespeare's Hamlet or Beethoven's Fifth Shoven' works such as Shakespeare'dern intellectual property,including trademarks,patents,copyrightsPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXPAGEXXXymphony can only be performed once permission has been granted by the respective estates that retain ownership of the works.

Accepted Answer

Shakespeare's Hamlet and Beethoven's Fifth Symphony are in the public domain, meaning they are not protected by copyright and can be used without permission from an estate.

Question 10

Artistic works can be copyright protected.

Accepted Answer

Artistic works, such as paintings, sculptures, photographs, and architectural designs, are considered intellectual property and are protected by copyright laws.

Question 11

Chartered Financial Analyst is an example of a certification mark.

Accepted Answer

The answer of Chartered Financial Analyst is an example of...

Question 12

Reverse engineering means that it would be easy for competitors to figure out how new products are manufactured,and then copy them.

Accepted Answer

Reverse engineering involves breaking down & analyzing a product to understand its components and the way it functions. This could make it easier for competitors to understand how the product is made and replicate it, potentially leading to loss of market share for the original manufacturer.

Question 13

The U.S.Patent and Trademark Office grants property rights to patentees within the United States,its territories and possessions.

Accepted Answer

The statement is true. The U.S. Patent and Trademark Office grants property rights to patentees within the United States, its territories and possessions.

Question 14

The Copyright Clause prohibits the government from creating a special kind of monopoly around intellectual property.

Accepted Answer

The Copyright Clause actually grants Congress the power to secure for limited times to authors and inventors the exclusive right to their respective writings and discoveries, effectively creating a temporary monopoly around intellectual property to encourage innovation and creativity.

Question 15

Since the color pink is trademarked when used for building insulation by Owens Corning,all other insulation manufacturers must use different colors.

Accepted Answer

Owens Corning has a trademark on the color pink when used for building insulation, so other manufacturers must use different colors to avoid trademark infringement.

Question 16

Generally,according to the Uniform Trade Secrets Act,misappropriation occurs if the secret was disclosed or used without permission from the secret's owner.

Accepted Answer

Misappropriation is defined in the Uniform Trade Secrets Act as the disclosure or use of a trade secret without the owner's consent, which includes both intentional and unintentional acts.

Question 17

Trademarks are subject to the Constitution's "limited time" restriction.

Accepted Answer

Trademarks, unlike copyrights and patents, can potentially last indefinitely as long as they are in use and their registrations are properly maintained and renewed; they are not subject to the Constitution's "limited time" restriction that applies to copyrights and patents.

Question 18

If you are working for an employer in a creative capacity,working with others to develop a secret,and if you have agreed not to use trade secrets,then the right to the trade secret will belong to your employer,in all jurisdictions.

Accepted Answer

While many jurisdictions have laws that assign the rights of trade secrets developed during employment to the employer, especially if there's an agreement in place, laws and regulations can vary significantly between different countries and regions. There is no universal rule that applies "in all jurisdictions."

Question 19

The Forest Stewardship Council,a mark that represents membership in an organization,is known as a collective mark.

Accepted Answer

The Forest Stewardship Council (FSC) mark represents certification of sustainable forestry practices, not membership in an organization, and is considered a certification mark rather than a collective mark.

Question 20

U.S.Representative Sonny Bono introduced the Copyright Term Extension Act to add twenty years to copyrights.

Accepted Answer

This statement is true. Sonny Bono did introduce the Copyright Term Extension Act, which was passed in 1998 and added twenty years to copyrights.

Quiz 9: Intellectual Property