Question 1

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

Accepted Answer

A)  quotation in a critical review 
B)  use in a parody 
C)  sales of a single chapter of a book that is the only chapter of interest to most persons in a particular locale 
D)  use by a teacher to illustrate a point in a class 
A)  quotation in a critical review 
B)  use in a parody 
C)  sales of a single chapter of a book that is the only chapter of interest to most persons in a particular locale 
D)  use by a teacher to illustrate a point in a class

Question 2

When a trademark becomes generic,it loses its trademark protection so that no one is able to use the mark.

Accepted Answer

A) True 
 B)False

Question 3

What best describes the public use doctrine relative to patents?

Accepted Answer

A)  Patent protection is lost if the patented item becomes used by the public after the patent is granted. 
B)  Patents will not be granted for items that have been used by the public for more than 1 year before the patent application was filed. 
C)  Patent protection will be lost if a member of the public successfully discovers how to build the patented item through reverse engineering. 
D)  Once a patent is granted,it will be lost if the patented item is not made available to the public within 1 year after the patent is granted. 
E)  The public is allowed to engage in limited use of a patented invention without being held liable for damages. 
A)  Patent protection is lost if the patented item becomes used by the public after the patent is granted. 
B)  Patents will not be granted for items that have been used by the public for more than 1 year before the patent application was filed. 
C)  Patent protection will be lost if a member of the public successfully discovers how to build the patented item through reverse engineering. 
D)  Once a patent is granted,it will be lost if the patented item is not made available to the public within 1 year after the patent is granted. 
E)  The public is allowed to engage in limited use of a patented invention without being held liable for damages.

Question 4

Which of the following may not be afforded federal protection and therefore not be trademarked?

Accepted Answer

A)  cola 
B)  south 
C)  good cheese 
D)  All of these are correct. 
A)  cola 
B)  south 
C)  good cheese 
D)  All of these are correct.

Question 5

All but which one of the following could be patented?

Accepted Answer

A)  a design for an article of manufacture 
B)  an asexually reproduced plant 
C)  living material invented by a person 
D)  a composition of matter 
E)  an abstraction or scientific principle 
A)  a design for an article of manufacture 
B)  an asexually reproduced plant 
C)  living material invented by a person 
D)  a composition of matter 
E)  an abstraction or scientific principle

Question 6

Shirley invented a new product in March 2008.She publicized the invention and shared the product with the public to stimulate demand.She also needed time to finance the obtaining of a patent for the product.In May of 2009,she finally had the ability to patent the product.Can she still obtain a legal patent,and if so,for how long?

Accepted Answer

A)  No,because she waited for over one year after the product was used by the public before attempting the patent. 
B)  No,because she publicized her invention. 
C)  Yes,she can obtain a patent for 20 years from the date of the invention. 
D)  Yes,she can obtain a patent for 20 years from the date of the patent application. 
A)  No,because she waited for over one year after the product was used by the public before attempting the patent. 
B)  No,because she publicized her invention. 
C)  Yes,she can obtain a patent for 20 years from the date of the invention. 
D)  Yes,she can obtain a patent for 20 years from the date of the patent application.

Question 7

Which of the following is true about what can be copyrighted?

Accepted Answer

A)  Paintings can be copyrighted,but not photographs. 
B)  Books and newspapers can by copyrighted,but not sermons. 
C)  Guidebooks can be copyrighted,but not maps. 
D)  Books,plays,and ideas can all be copyrighted. 
E)  Photographs,maps,and cartoons can all be copyrighted. 
A)  Paintings can be copyrighted,but not photographs. 
B)  Books and newspapers can by copyrighted,but not sermons. 
C)  Guidebooks can be copyrighted,but not maps. 
D)  Books,plays,and ideas can all be copyrighted. 
E)  Photographs,maps,and cartoons can all be copyrighted.

Question 8

When can an ordinary word such as "window" be granted trademark protection?

Accepted Answer

A)  In any situation if the applicant is the first to apply for trademark protection of that word. 
B)  If the applicant can prove that the use of the word is novel. 
C)  If the word has acquired a secondary meaning. 
D)  If the applicant has used the word in the name of its product for at least 10 years. 
E)  If the word has become a generic term. 
A)  In any situation if the applicant is the first to apply for trademark protection of that word. 
B)  If the applicant can prove that the use of the word is novel. 
C)  If the word has acquired a secondary meaning. 
D)  If the applicant has used the word in the name of its product for at least 10 years. 
E)  If the word has become a generic term.

Question 9

Improvements to previously patented machines can be patented.

Accepted Answer

A) True 
 B)False

Question 10

Why are patents protected for a limited period of time? Does this argue in favor of not patenting an item?

Accepted Answer

The goal of patent law is to reward inve

Question 11

A patent cannot be acquired for an invention that has been in public use for more than 1 year at the time of application.

Accepted Answer

A) True 
 B)False

Question 12

Derek applies for and successfully receives a trademark registration on July 1,2009.When will the trademark registration have to be renewed?

Accepted Answer

A)  No later than July 1,2014. 
B)  No later than July 1,2019. 
C)  Ninety-five years from Derek's demise. 
D)  There will not be a need to re-register. Once obtained,trademark protection lasts in perpetuity. 
A)  No later than July 1,2014. 
B)  No later than July 1,2019. 
C)  Ninety-five years from Derek's demise. 
D)  There will not be a need to re-register. Once obtained,trademark protection lasts in perpetuity.

Question 13

Which of the following was the most recently recognized as a valid subject matter for a patent?

Accepted Answer

A)  machines 
B)  certain types of business plans 
C)  original ideas for community improvement 
D)  processes 
E)  designs 
A)  machines 
B)  certain types of business plans 
C)  original ideas for community improvement 
D)  processes 
E)  designs

Question 14

Prior to passage of the Economic Espionage Act of 1996,there was no federal statute that directly addressed the stealing of trade secrets.

Accepted Answer

A) True 
 B)False

Question 15

The Sonny Bono Copyright Term Extension Act of 1998 added 20 years to the period of time that a copyright is valid.For an individual,the period of validity is now the life of the creator 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?

Accepted Answer

For individuals,the benefit might not be

Question 16

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

Accepted Answer

A)  Although it is not necessary that the trade secret be patented,the secret must be such that it could be patented. 
B)  Trade secrets are protected regardless of the actions of the trade secret owner. 
C)  The plaintiff can recover only if the defendant acquired the secret through illegal means. 
D)  Injunctions are generally not available to protect trade secrets. 
A)  Although it is not necessary that the trade secret be patented,the secret must be such that it could be patented. 
B)  Trade secrets are protected regardless of the actions of the trade secret owner. 
C)  The plaintiff can recover only if the defendant acquired the secret through illegal means. 
D)  Injunctions are generally not available to protect trade secrets.

Exam 7: Intellectual Property and Cyber Piracy

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

When a trademark becomes generic,it loses its trademark protection so that no one is able to use the mark.

What best describes the public use doctrine relative to patents?

Which of the following may not be afforded federal protection and therefore not be trademarked?

All but which one of the following could be patented?

Which of the following is true about what can be copyrighted?

When can an ordinary word such as "window" be granted trademark protection?

Improvements to previously patented machines can be patented.

Why are patents protected for a limited period of time? Does this argue in favor of not patenting an item?

A patent cannot be acquired for an invention that has been in public use for more than 1 year at the time of application.

Derek applies for and successfully receives a trademark registration on July 1,2009.When will the trademark registration have to be renewed?

Which of the following was the most recently recognized as a valid subject matter for a patent?

Prior to passage of the Economic Espionage Act of 1996,there was no federal statute that directly addressed the stealing of trade secrets.

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

Legal Heritage and the Information Age

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Constitutional Law for Business and E-Commerce

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Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

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Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

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