Question 1

A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively:

Accepted Answer

Copyright gives the creator the exclusive rights to use, reproduce, and display the work. Therefore, Option D is the correct answer.

Question 2

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Accepted Answer

The doctrine of equivalents prevents infringers from avoiding liability for patent infringement by making minor substitutions to the elements in the patented product or process.

Question 3

Three types of patents available under U.S.law are:

Accepted Answer

The three types of patents available under U.S. law are indeed design, plant, and utility. Design patents protect the way an object looks, plant patents protect new varieties of plants that have been asexually reproduced, and utility patents protect the way an invention functions or is used. Options A and B include incorrect types of patents, and option D includes "regulatory" and "common law" which are not types of patents.

Question 4

ICANN is a nonprofit corporation responsible for:

Accepted Answer

The answer of ICANN is a nonprofit corporation responsible for:
...

Question 5

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.

Accepted Answer

Trademark law categorizes marks along a spectrum of distinctiveness, based on a mark's capacity to serve a source-identifying function. Descriptive marks are not considered strong trademarks, while suggestive, arbitrary, and fanciful marks are considered to be stronger and more protectable. Therefore, the correct option is D.

Question 6

The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting mask works and the semiconductor chip products in which they are embodied against chip piracy.

Accepted Answer

The statement is true. The Semiconductor Chip Protection Act of 1984 established legal protection for semiconductor chip products and their mask works. This created a new form of industrial intellectual property designed to prevent chip piracy and unauthorized reproduction of these products.

Question 7

Computer software licensing agreements include restrictions on the use of software and give the licensor greater protection than that provided by copyright law.

Accepted Answer

Software licensing agreements often include additional terms and conditions beyond those of copyright law, such as limitations on how the software can be used and distributed. These restrictions provide the licensor with greater protection than just relying on copyright law alone.

Question 8

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Accepted Answer

All three factors (purpose/character of use, nature of copyrighted work, and amount/substantiality of portion used) are considered in determining fair use.

Question 9

The Lanham Act grants protection for:

Accepted Answer

The Lanham Act is primarily used for protecting trademarks, including service marks, certification marks, and collective marks. It does not provide protection for patents, copyrights, or trade secrets.

Question 10

The Digital Millennium Copyright Act :

Accepted Answer

The Digital Millennium Copyright Act (DMCA) was enacted in 1998 to address copyright infringement on the internet and prevent the pirating of software and other pirated works. It includes measures to prevent the circumvention of technological measures put in place to protect copyrighted works. It also provides safe harbors for internet service providers and other online entities, protecting them from liability for infringing activities that occur on their platforms if they comply with certain requirements. The DMCA did not make notice of copyrights no longer mandatory, and it did not change the life of a copyright.

Question 11

Once approved by the U.S.Patent and Trademark Office, a patent is presumed valid after a public comment period of 90 days.

Accepted Answer

Once a patent is issued by the U.S. Patent and Trademark Office (USPTO), it is presumed valid immediately upon issuance. There is no public comment period after a patent is granted. The examination process prior to issuance includes any necessary review and objections.

Question 12

Stealing trade secrets can result in fines, but not imprisonment.

Accepted Answer

Stealing trade secrets is a federal crime and can result in imprisonment for up to 10 years, as well as fines.

Question 13

In limited circumstances customer lists are protected under trade secret laws.

Accepted Answer

While customer lists are typically not protected under intellectual property laws, in some cases they can be considered trade secrets if they are kept confidential and provide a competitive advantage to a business.

Question 14

Written computer programs are not given the same protection as other copyrighted material.

Accepted Answer

Written computer programs are protected under copyright law, similar to other forms of creative expression such as books and music, ensuring their creators have exclusive rights to their use and distribution.

Question 15

The DMCA provides a(n) _______ for internet service against claims of _______.

Accepted Answer

The DMCA provides a safe harbor for internet service providers against claims of copyright infringement.

Question 16

Under the Semiconductor Chip Protection Act reverse engineering exemption, competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

Accepted Answer

The Semiconductor Chip Protection Act does allow for reverse engineering for the purpose of analyzing, studying, and gaining information from a chip's mask work, specifically to create a new chip that is not a copy of the original. This means competitors can use the results of their study to design their own semiconductor chips, as long as they do not infringe on the original mask work's copyright.

Question 17

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Accepted Answer

This statement accurately describes the criteria for an invention to be considered patentable in most countries, including the United States. In addition to being new and non-obvious, inventions must also be useful and non-obviously different from existing technology or knowledge in order to be eligible for patent protection.

Question 18

When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known, it loses the protection it had while secret.

Accepted Answer

The sharing of secret information for a special purpose, especially under conditions of confidentiality, does not inherently remove the protection of the information. The protection remains as long as the confidentiality obligations are respected and the information is not further disclosed without authorization.

Question 19

It is important to protect trade dress against adoption by a competitor failure to protect the mark can:

Accepted Answer

The answer of It is important to protect trade dress...

Question 20

Which of the following is not an exclusive right of the holder of a copyright?

Accepted Answer

The exclusive rights of a copyright holder include preparing derivative works, distributing copies, and publicly performing or displaying the work. Obtaining a court order enjoining use of the work by another is a legal remedy for copyright infringement, not an exclusive right of copyright.

Quiz 9: Intellectual Property Rights and the Internet