Exam 7: Intellectual Property and Cyber Piracy

What are the considerations that need to be taken into account when a small business or an entrepreneur invents something with regard to seeking a patent?

Which of the following is not a remedy available to a plaintiff in a copyright infringement case?

What is the legal consequence of a trademark becoming a generic term?

Which of the following is not an exception to the Digital Millennium Copyright Act?

Monty was an odd sort of fellow who spent most of his time tinkering in his garage.He was certain that some day he would invent something that would make him very wealthy.Finally,he thinks he has the million-dollar idea.He has invented a device that attaches to both his phone line and through his computer to the Internet to block telemarketing calls without having to pay a service fee for the capability to the local phone company.The technology for this already existed,but Monty was the first to put it together in this way.Monty is waiting to perfect this invention before filing a patent application.Monty learns that someone else has invented a similar device after he did,but has already filed an application.Also,someone broke into Monty's garage and stole the information about the invention.Discuss Monte's legal situation.

Which of the following is true about misappropriation of trade secrets?

A service mark is used to distinguish the services of the holder from those of its competitors.

Business law teacher Susie Law copies 5 pages out of a 999-page book in the library for use in class.Ms.Law did not want her students to have to purchase the entire book because of the expense involved.A grumpy library assistant calls the publisher of the book and informs on Ms.Law.Is Ms.Law in trouble?

Whats-a-Matter U.,a co-ed school of 1000 total students,has decided to start a football team and will be playing in Division III against other Division III and the occasional Division II schools.Since the colors of the school are blue and gold,they decide to model their uniforms and helmets after those worn by the University of Michigan Wolverines' football team.The University of Michigan has approximately 40,000 total students and is perennially a Division I football power,often on television and frequently in competition for the college football national championship.Which of the following statements most accurately describes the potential intellectual property liability of Whats-a-Matter U?

Which of the following is true about copyrights?

Should a drug manufacturer that holds a patent on a drug that is very effective for many AIDS patients be able to sell that drug well above its cost of production during the period of patent protection? If so,under what circumstances? Should these companies sell,or be required to sell,these drugs at lower prices to persons in poor nations that have a larger problem with AIDS than the United States?

In terms of patent protection the United States still follows the ________ rule rather than the ________ rule followed by some other countries

Under current law,the statutory period for patent protection begins to run at the time that:

The "fair use" doctrine allows limited public use of copyrighted material without the permission of the copyright holder.

Jon,an MBA student at small school,invents a business process that makes inventory monitoring and replenishment so efficient that his professor tells him that he's likely to make the "just-in-time" inventory process obsolete.Jon,a junior,tells the professor that he's going to patent the process right after graduation and does nothing.Thirteen months later Josh,a senior student at a prestigious large school,without ever knowing about Jon or his process,comes up with the identical idea,applies for and is issued a patent.Soon afterward,Jon files for his patent,not knowing about Josh,and is denied.If Jon challenges Josh's patent,what will the outcome be?

The United States Congress enacted the Federal Patent Statute of 1852 to provide for obtaining and protecting patents.

Which of the following would not be a misappropriation of a trade secret?

The following are types of marks that can be registered,except:

The fair use doctrine would allow the following types of use of a copyrighted work without the permission of the copyright holder,except:

For trade secrets to be protected,a business owner is obligated to take all reasonable precautions to prevent discovery of the trade secrets by others.