Question 1

Design patents grant the holder a 14-year monopoly.

Accepted Answer

A) True 
 B)False

Question 2

Copyright infringement may be unintentional.

Accepted Answer

A) True 
 B)False

Question 3

An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:

Accepted Answer

A)  copyright. 
B)  patent. 
C)  trademark registration. 
D)  service mark registration. 
A)  copyright. 
B)  patent. 
C)  trademark registration. 
D)  service mark registration.

Question 4

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel
Ko, unless there was some unfair competition or a trade secret involved.

Accepted Answer

A) True 
 B)False

Question 5

The owner of a collective mark must produce the goods it seeks to mark.

Accepted Answer

A) True 
 B)False

Question 6

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films in order to edit out language, violence, or sex.

Accepted Answer

A) True 
 B)False

Question 7

Wanda has a new idea for a novel, which she won't have time to write until next year. She may protect it by means of:

Accepted Answer

A)  patent. 
B)  copyright. 
C)  registration of the idea. 
D)  nothing. An idea that has not yet been developed into a tangible form cannot be protected. 
A)  patent. 
B)  copyright. 
C)  registration of the idea. 
D)  nothing. An idea that has not yet been developed into a tangible form cannot be protected.

Question 8

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

A)  Attorney fees in some but not all cases 
B)  An accounting for profits 
C)  Treble damages when appropriate 
D)  Injunctive relief 
A)  Attorney fees in some but not all cases 
B)  An accounting for profits 
C)  Treble damages when appropriate 
D)  Injunctive relief

Question 9

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business. To protect the process, Incellmed may:

Accepted Answer

A)  only copyright the process. 
B)  only patent the process. 
C)  only protect the process as a trade secret without registration. 
D)  Either patent the process or protect the process as a trade secret, depending on the other facts of the situation. 
A)  only copyright the process. 
B)  only patent the process. 
C)  only protect the process as a trade secret without registration. 
D)  Either patent the process or protect the process as a trade secret, depending on the other facts of the situation.

Question 10

A design patent:

Accepted Answer

A)  has a duration of 14 years. 
B)  protects the ornamental designs for manufactured products. 
C)  requires a showing of novelty, ornamentality, and nonobviousness. 
D)  All of these. 
A)  has a duration of 14 years. 
B)  protects the ornamental designs for manufactured products. 
C)  requires a showing of novelty, ornamentality, and nonobviousness. 
D)  All of these.

Question 11

The apple which identifies Apple Computers is an example of a:

Accepted Answer

A)  trademark. 
B)  service mark. 
C)  certification mark. 
D)  collective mark. 
A)  trademark. 
B)  service mark. 
C)  certification mark. 
D)  collective mark.

Question 12

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

Accepted Answer

A) True 
 B)False

Question 13

An example of a "certification mark" would be:

Accepted Answer

A)  Holiday Inns. 
B)  Xerox. 
C)  Real Cheese. 
D)  Nabisco. 
A)  Holiday Inns. 
B)  Xerox. 
C)  Real Cheese. 
D)  Nabisco.

Question 14

The Lanham Act protects a generic or descriptive mark.

Accepted Answer

A) True 
 B)False

Question 15

While employed and even after termination of employment, an employee cannot divulge trade secrets to a competitor.

Accepted Answer

A) True 
 B)False

Question 16

Under copyright law, the doctrine of works for hire states that:

Accepted Answer

A)  if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D)  a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright. 
A)  if an employee prepares a work within the scope of her employment, her employer is considered the author of the work. 
B)  if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes. 
C)  if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer. 
D)  a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright.

Question 17

An author may terminate transfer of copyright ownership, other than that of a work for hire, during the five-year period beginning 35 years after the transfer was granted.

Accepted Answer

A) True 
 B)False

Exam 39: Protection of Intellectual Property

Design patents grant the holder a 14-year monopoly.

Copyright infringement may be unintentional.

An artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel Ko, unless there was some unfair competition or a trade secret involved.

The owner of a collective mark must produce the goods it seeks to mark.

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films in order to edit out language, violence, or sex.

Wanda has a new idea for a novel, which she won't have time to write until next year. She may protect it by means of:

Which of the following remedies is NOT available for patent infringement?

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business. To protect the process, Incellmed may:

A design patent:

The apple which identifies Apple Computers is an example of a:

A company claiming rights in a trademark may use the TM designation even if the mark is not registered.

An example of a "certification mark" would be:

The Lanham Act protects a generic or descriptive mark.

While employed and even after termination of employment, an employee cannot divulge trade secrets to a competitor.

Under copyright law, the doctrine of works for hire states that:

An author may terminate transfer of copyright ownership, other than that of a work for hire, during the five-year period beginning 35 years after the transfer was granted.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

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