Question 1

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

Accepted Answer

The TRIPS agreement requires each member country to include in its domestic laws broad intellectual property rights, including patents, trademarks, copyright, and trade secrets.

Question 2

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

Accepted Answer

This is known as the "fair use" doctrine, which allows for limited reproduction of copyrighted material for purposes such as education, criticism, commentary, news reporting, and research without the need for permission or payment of royalties. However, the specific circumstances of each case will determine whether the use is fair or infringing, so it's important to consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work.

Question 3

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 4

Munchies, Inc., features the trademarks of famous fast-food restaurants such as McDonald's on binders and other school supplies.Munchies's use of the marks is trademark dilution

Accepted Answer

Trademark dilution occurs when a trademark is used without authorization and causes the famous mark to become less distinctive. It does not require consumer confusion or competition with the owner's goods. Munchies's use of the famous fast-food restaurant trademarks on school supplies is an unauthorized use that dilutes the distinctiveness of the trademarks. Attempts to register the marks are not relevant to the issue of trademark dilution.

Question 5

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

Accepted Answer

Copyright law protects the right to reproduce and distribute copyrighted material. Downloading software or music without authorization is a form of reproduction and distribution, and therefore a violation of copyright law.

Question 6

Li'l Canine Company (LCC)uses a trademark that neither LCC nor anyone else has registered with the government.Under federal trademark law, LCC

Accepted Answer

LCC can register the trademark for protection as long as it meets the requirements for trademark registration, such as being distinctive and not causing confusion with existing trademarks.

Question 7

A patent applicant must demonstrate that the invention, discovery, or design is commercially practicable to receive a patent.

Accepted Answer

Commercial practicability is not a requirement for receiving a patent. The invention must be novel, non-obvious, and useful.

Question 8

It is possible to copyright an idea.

Accepted Answer

Only original expression can be copyrighted, not ideas. Ideas are considered to be in the public domain and can be used freely by anyone.

Question 9

Copy Products, Inc., uses, in its ads, the trademark of Imitated Goods, Inc.Of course, Copy does not own the mark.Copy's unauthorized use constitutes trademark infringement if

Accepted Answer

Trademark infringement occurs when the use of a trademark causes confusion among consumers as to the source of the product or service. Therefore, if Copy's use of Imitated's trademark is likely to cause confusion among consumers, it constitutes infringement.

Question 10

Public domain means that rights to certain intellectual property belong to everyone.

Accepted Answer

In the public domain, intellectual property is not subject to copyright or other restrictions, allowing anyone to use or modify it without permission or payment of royalties. This means that the rights to use the property belong to everyone.

Question 11

There are no registration requirements for trade secrets.

Accepted Answer

Unlike patents, trademarks, and copyrights, trade secrets are not registered with any government agency. However, companies can take steps to protect their trade secrets, such as implementing confidentiality agreements and restricting access to sensitive information.

Question 12

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

Accepted Answer

Copyright infringement can also occur if a work is substantially similar to the original, even if it is not an exact copy.

Question 13

Patent infringement occurs only if an invention is copied in its entirety.

Accepted Answer

Patent infringement can occur even if the entire invention is not copied. If a product or process includes essential elements of a patented invention, it may still be considered infringement.

Question 14

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

Accepted Answer

Paula can obtain trademark protection for the name "Quik Shot." Trademark protection does not apply to the product itself (A) or the newness of the product (B). Copyright protection would apply to the operating manual (D), not trademark protection.

Question 15

Sharing copyrighted works with others without authorization is never a crime.

Accepted Answer

Sharing copyrighted works without authorization is considered copyright infringement, which is a crime in many countries.

Question 16

A marketing technique can be a trade secret.

Accepted Answer

Yes, a marketing technique can be protected as a trade secret if it meets certain criteria such as being confidential, providing a competitive advantage, and being subject to reasonable measures to maintain its secrecy.

Question 17

A list of customers cannot be a trade secret.

Accepted Answer

The answer of A list of customers cannot be a...

Question 18

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic and does not require registration. However, registration can provide additional legal benefits and protections.

Question 19

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. used a name that is confusingly similar to Beans Coffee & Cocoa Company's product name, which may lead to consumer confusion and harm the brand reputation of Beans Coffee & Cocoa Company.

Question 20

Anyone who writes a book has automatic copyright protection in every country in the world.

Accepted Answer

The answer of Anyone who writes a book has automatic...

Quiz 10: Intellectual Property and Internet Law