Exam 7: Intellectual Property and Cyber Piracy

In the United States,the first person to invent an item or a process is given patent protection over another party who was the first to file a patent application.

While working as a waiter at Italian restaurant owned by Alice,Bill Cheater copies the restaurant's recipe for lasagna.Alice kept the recipe in her personal recipe booklet marked "personal" on the front,but it was an easy matter for Bill to get it.Alice had taken no other steps to protect the recipe.The restaurant is well known for its lasagna,and customers travel many miles to have it.Bill opens his own restaurant in a different county,advertising lasagna as a specialty.Alice visits the restaurant,finds out that Bill is using her recipe,and sues for misappropriation of her trade secret.Bill says that he didn't violate any law,that no steps were taken to keep the recipe a secret,and that besides,he opened in a different county.Bill says that he wants a court order keeping Alice out of his restaurant.Who will likely win,and what will the remedy be?

Business models used for commerce on the Internet can be patented.

What best describes the one-year public use doctrine relative to patents?

In order to obtain a patent for an invention,it is not necessary that the item be:

The Digital Millennium Copyright Act makes the act of accessing the protected information a copyright violation,regardless of whether the information is misused.

Over one-half of the value of large companies in the United States is related to their intangible property rights.

One of the provisions of the American Inventors Protection Act of 1999 is that:

No form of living things can ever be patented.

An author must file a timely application in order to receive copyright protection.

A certification mark is usually owned by a for-profit organization.

Copyright infringement occurs when a party copies a substantial and material part of the plaintiff's copyrighted work without permission.

Which of the following is a category of innovation that can be patented?

Romeo has written a passionate love song to his girlfriend,Juliet,which he sings to her from under her balcony one evening in anticipation of proposing marriage.He has poured all of his emotions into the song and Juliet is so moved that she accepts his marriage proposal.At Juliet's urging Romeo records the song,which becomes a huge success.While on their honeymoon,they turn on the radio and hear Weird Fred singing a parody of the song.The melody is the same,but most of the words are changed.Anyone hearing Weird Fred's song would instantly be reminded of Romeo's song.Romeo is insulted and offended that Weird Fred could take something so important to him and make it into a comedy.If Romeo sues for copyright infringement,how should the court decide?

It is acceptable to discover a trade secret by reverse engineering even if the owner of the trade secret has taken all reasonable precautions to prevent discovery of the secret.

Only ________ writings are subject to copyright registration and protection.

A ________ is a grant by the federal government upon the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.

The Sony Bono Copyright Term Extension Act of 1998 granted individuals copyright protection for their life plus 70 years.Do you believe that a period this long is necessary to encourage the production of creative work? What are the advantages and disadvantages of a longer copyright validity period?

A competitor can lawfully discover a trade secret by performing reverse engineering.

Provisional applications can be filed three months prior to the actual patent application giving the inventor pre-application protection.