Question 1

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

Accepted Answer

The TRIPS agreement requires its member countries to comply with certain minimum standards for the protection and enforcement of intellectual property rights in their domestic laws. Therefore, each member country must include intellectual property rights in its domestic laws.

Question 2

A copyright owner must place a © or an ® on the work to have the work protected from copyright infringement.

Accepted Answer

While it is recommended to include the © symbol along with the owner's name and year of creation on a copyrighted work, it is not required in order for the work to be protected. The ® symbol is only used for registered trademarks, not for copyright.

Question 3

Bubbly Cola features Sparkly Cola's trademark without its owner's permission.Bubbly's use of the mark is actionable provided

Accepted Answer

In order for Bubbly's use of Sparkly's trademark to be actionable, consumers must be confused as to the source of the product. Even if Bubbly's use is intentional and reduces the value of Sparkly's mark, if there is no confusion among consumers, there may not be a legal claim. However, if Sparkly's mark is also registered, then this could strengthen their case for trademark infringement.

Question 4

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

Accepted Answer

This is most likely trademark infringement as Darkroast Java, Inc. is marketing a similar product with a similar name to Beans Coffee & Cocoa Company's product, which could lead to confusion among consumers.

Question 5

Ric designs a new tablet computer,which he names "Sci Phi." He also writes the operating manual to be included with each final product.Ric could obtain patent protection for

Accepted Answer

Ric could obtain patent protection for the tablet computer since it is a new and non-obvious invention. The operating manual, name, and "newness" are not eligible for patent protection.

Question 6

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Accepted Answer

Downloading software or music without authorization is a violation of copyright law. It is illegal to make copies of copyrighted material without the permission of the copyright owner. When you download software or music without permission, you are making a copy of the original work, which is a violation of copyright law.

Question 7

Pricing information cannot be a trade secret.

Accepted Answer

Pricing information can be considered a trade secret and may be protected as such by a company. However, in certain circumstances, such as in response to a court order or under antitrust laws, pricing information may be required to be disclosed.

Question 8

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic once a work is created and fixed in a tangible form, such as being written down or recorded. Registration with the copyright office is not required to obtain copyright protection, although it does provide certain benefits such as the ability to sue for infringement and the potential for higher damages in court.

Question 9

Information that cannot be trademarked,patented,or copyrighted can be protected as a trade secret.

Accepted Answer

Trade secrets can protect confidential information such as formulas, processes, and customer lists that give businesses an advantage over their competitors. Unlike trademarks, patents, and copyrights, trade secrets can be protected indefinitely as long as the information remains secret.

Question 10

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

This is true under the Berne Convention, which mandates minimum standards for copyright protection among the countries that have ratified or acceded to it. As of 2021, almost all countries in the world are parties to the Convention. Therefore, authors automatically enjoy copyright protection in those countries, regardless of whether they register their works or mark them with the © symbol. However, copyright laws vary from country to country, so authors need to be aware of the specific requirements and limitations that apply to their works in each jurisdiction.

Question 11

A marketing technique can be a trade secret.

Accepted Answer

Marketing techniques can be considered a trade secret since they are a type of confidential information that can provide a competitive advantage to a company. As such, they can be protected as intellectual property through non-disclosure agreements and other legal means.

Question 12

A list of customers is not a trade secret.

Accepted Answer

The answer of A list of customers is not a...

Question 13

Paula develops a new espresso machine,which she names "Sure Shot." She also writes the operating manual.Paula can obtain trademark protection for

Accepted Answer

Paula can obtain trademark protection for the name "Sure Shot" as it is a unique identifier for her product, distinguishing it from other espresso machines in the market. Trademark protection does not extend to the features of the product or the operating manual.

Question 14

Foreign firms cannot obtain U.S.patent protection on items that they sell in the United States.

Accepted Answer

This statement is false. Foreign firms can obtain U.S. patent protection on items that they sell in the United States. In fact, many foreign companies have obtained patents in the U.S. for their products or technologies.

Question 15

The owner of intellectual property may put restrictions on the use of the intellectual property in a license agreement.

Accepted Answer

Yes, the owner of intellectual property has the right to put restrictions on the use of their property through a license agreement. These restrictions can include limitations on how the property can be used, who can use it, and how long it can be used for.

Question 16

Trademarks are protected from use on noncompeting goods by the

Accepted Answer

The Federal Trademark Dilution Act provides protection for trademarks from use on noncompeting goods, which could dilute the distinctive quality of the mark.

Question 17

A license permits the use of intellectual property for certain limited purposes.

Accepted Answer

A license grants permission to use intellectual property for a specific purpose or within certain limitations, such as for personal use or commercial distribution. However, it does not transfer ownership of the intellectual property to the licensee.

Question 18

A beverage company that competes with Coca-Cola Company cannot call its products "Koke."

Accepted Answer

"Koke" is too similar to "Coke," which is a well-known and registered trademark of the Coca-Cola Company. Using a similar name for a competing beverage would likely infringe on their trademark rights.

Question 19

The TRIPS agreement covers computer programs.

Accepted Answer

The TRIPS agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) includes the protection of computer programs as copyrightable works.

Question 20

A copy need not be exactly the same as the original to infringe a copyright.

Accepted Answer

Copyright infringement can occur even if the copy is not identical to the original, as long as it is substantially similar and copies a significant portion of the original work. Parodies, for example, may be considered copyright infringement even if they are not exact copies of the original work.

Quiz 6: Intellectual Property and Internet Law