Exam 11: Intellectual property

Which of the following are defenses to patent-infringement claims?

The patent practice of other countries is often different from that of the U.S.

Chef Susan has developed a great new recipe for homemade ice cream that she serves at her restaurant. She would like to keep the recipe secret and prevent anyone else from using it. What four areas should a trade secret program cover?

Fact Pattern 11-2 Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages. -Refer to fact pattern 11-2. Can Copy Store be found guilty of copyright infringement?

Fact Pattern 11-2 Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages. -Refer to fact pattern 11-2. Can Professor Peter be found guilty of copyright infringement?

A _________ mark is a real word whose ordinary meaning has nothing to do with a trademarked product.

The duration of a copyright granted to a known individual,not a work done for hire,will be

Which of the following is true regarding patent misuse?

An invention is "novel" if it is explained in book format.

A design dictated by function may be protected by a(n)________ patent.

Constructive abandonment of a trademark can occur through the trademark lapsing into genericism.

Jill invented a new type of device to control dog barking without harming the dog. A month later,Sam independently invented an almost identical type of device. Sam filed for a patent immediately. When Jill became aware of his filing,she also filed for patent protection. Assuming that there is no statutory bar,between Jill and Sam,who should be awarded the patent prior to September 16,2003 and why? What about after September 16,2013? What law affects the result after September 16,2013? What would the result be in most other countries?

Service marks are a form of trademarks.

Which of the following is not a type of U.S.patent?

Discuss in detail common law rights,if any,in a trademark in the U.S.

Under the ________ use doctrine,under certain circumstances,a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting,education,scholarship,or research.

The _________ doctrine provides that copyright protection does not extend to the useful application of an idea.

McBurger has just developed a new method of preparing its products that greatly reduces the fat content and other medical problems associated with fast food.Although still in the developmental phase,McBurger has been very careful not to release any information regarding the process.The information is constantly under lock and key.Jerry,a competitor's employee,took a public tour of McBurger University to evaluate going to work for McBurger.While on the tour,he accidentally saw the process being conducted in a small laboratory that was visible to everyone,but not part of the tour.Jerry realized that probably no one else would recognize the process,and said nothing.Jerry was able to duplicate McBurger's process,and is now about to be promoted to vice-president of his company.Does McBurger have a claim against Jerry and his employer? What is the likely outcome? Discuss fully.

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

A defendant is not liable for trademark infringement if its use is ______ use,meaning that it uses the mark to talk about the mark itself.