Question 1

What is the best definition of a trade secret ?

Accepted Answer

A) A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors. 
B) Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. 
C) The right of an inventor to prevent others from making, using, or selling his inventions for a limited time. 
D) The right of a creator to exclusively reproduce, distribute, and perform her work for a limited time. 
A) A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors. 
B) Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others. 
C) The right of an inventor to prevent others from making, using, or selling his inventions for a limited time. 
D) The right of a creator to exclusively reproduce, distribute, and perform her work for a limited time. A

Question 2

The vast majority of patents that are issued are

Accepted Answer

A) design patents. 
B) plant patents. 
C) utility patents. 
D) intellectual patents. 
A) design patents. 
B) plant patents. 
C) utility patents. 
D) intellectual patents. C

Question 3

The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Accepted Answer

A) True 
 B)False  False

Question 4

Unlike with patents, the ideas underlying copyrighted material need not be novel.

Accepted Answer

A) True 
 B)False

Question 5

Monic, a college professor, makes 30 photocopies of a magazine article and passes the article out to her students. The students are assigned to read the article and write an opinion paper about it. Has Monic violated copyright law?

Accepted Answer

A) Yes. Though the author will probably not enforce his or her rights under this situation, Monic has technically violated federal copyright law. 
B) Yes. Though educators have a right under the "fair use doctrine" to make limited use of copyrighted materials, Monic violated the law when she made photocopies of an entire article and distributed them to her students. 
C) No. Monic has acted within the fair use doctrine. 
D) No, as up to 50 photocopies of articles are always permissible. 
A) Yes. Though the author will probably not enforce his or her rights under this situation, Monic has technically violated federal copyright law. 
B) Yes. Though educators have a right under the "fair use doctrine" to make limited use of copyrighted materials, Monic violated the law when she made photocopies of an entire article and distributed them to her students. 
C) No. Monic has acted within the fair use doctrine. 
D) No, as up to 50 photocopies of articles are always permissible.

Question 6

Briefly define patent, copyright, and trademark, and explain how long they last.

Accepted Answer

Patent - Patent is a federal right of ex

Question 7

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

Accepted Answer

A) True 
 B)False

Question 8

A company's trade secret lasts for

Accepted Answer

A) 20 years after the application is filed. 
B) 70 years after the death of the creator. 
C) 10 years, but it can be renewed for an unlimited number of terms as long as it is used. 
D) as long as it is kept confidential. 
A) 20 years after the application is filed. 
B) 70 years after the death of the creator. 
C) 10 years, but it can be renewed for an unlimited number of terms as long as it is used. 
D) as long as it is kept confidential.

Question 9

A plant patent lasts for

Accepted Answer

A) 14 years from the date of issuance. 
B) 70 years after the death of the person who filed the patent. 
C) 20 years from the date of application. 
D) the life of the person who filed the patent. 
A) 14 years from the date of issuance. 
B) 70 years after the death of the person who filed the patent. 
C) 20 years from the date of application. 
D) the life of the person who filed the patent.

Question 10

Which of the following cases concerned a trade secret?

Accepted Answer

A) Association for Molecular Pathology v. Myriad Genetics, Inc. 
B) Bikram's Yoga College of India, L.P. v. Evolation Yoga, LLC 
C) AMF Inc. v. Sleekcraft Boats 
D) CDM Media USA, Inc. v. Simms 
A) Association for Molecular Pathology v. Myriad Genetics, Inc. 
B) Bikram's Yoga College of India, L.P. v. Evolation Yoga, LLC 
C) AMF Inc. v. Sleekcraft Boats 
D) CDM Media USA, Inc. v. Simms

Question 11

In order for a copyright holder to collect money damages from a person who used copyrighted material, it must be proven that

Accepted Answer

A) the infringement was intentional. 
B) the copyright holder sustained more than $500 in actual damages. 
C) the copyrighted material contained the copyright symbol, name of the copyright holder, and the year of copyright. 
D) the infringer actually copied the work. 
A) the infringement was intentional. 
B) the copyright holder sustained more than $500 in actual damages. 
C) the copyrighted material contained the copyright symbol, name of the copyright holder, and the year of copyright. 
D) the infringer actually copied the work.

Question 12

A design patent protects the appearance of an item and is valid for 14 years.

Accepted Answer

A) True 
 B)False

Question 13

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Accepted Answer

A) the Paris Convention for the Protection of Industrial Property 
B) the International Treaty of Trademarks and Patents 
C) the World Agreement of London 
D) the Berne Convention 
A) the Paris Convention for the Protection of Industrial Property 
B) the International Treaty of Trademarks and Patents 
C) the World Agreement of London 
D) the Berne Convention

Question 14

Which is NOT a provision of the Digital Millennium Copyright Act?

Accepted Answer

A) It is illegal to delete copyright information or distribute false copyright information. 
B) It is illegal to use copyrighted material under any circumstances without permission of the creator. 
C) It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works. 
D) It is illegal to distribute tools and technologies designed to circumvent encryption devices. 
A) It is illegal to delete copyright information or distribute false copyright information. 
B) It is illegal to use copyrighted material under any circumstances without permission of the creator. 
C) It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works. 
D) It is illegal to distribute tools and technologies designed to circumvent encryption devices.

Question 15

Martina developed a new type of apple tree which could be reproduced through grafting. She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Accepted Answer

A) True 
 B)False

Question 16

A trademark lasts for

Accepted Answer

A) 20 years after the application is filed. 
B) 70 years after the death of the creator. 
C) 10 years, but it can be renewed for an unlimited number of terms as long as it is used. 
D) as long as it is kept confidential. 
A) 20 years after the application is filed. 
B) 70 years after the death of the creator. 
C) 10 years, but it can be renewed for an unlimited number of terms as long as it is used. 
D) as long as it is kept confidential.

Question 17

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music, he wrote "© 2018 by Rick Reed." Four months later a local band was playing his song at a bar. Rick felt that the bar was an inappropriate setting for his music. What is his remedy?

Accepted Answer

Musical works are protected by the Copyr

Question 18

A patent is available for an idea as well as a tangible application.

Accepted Answer

A) True 
 B)False

Question 19

Intellectual property is

Accepted Answer

A) protected in the same way as land. 
B) exclusive. 
C) expensive to produce but cheap to reproduce and transmit. 
D) expensive to produce, copy, and transmit. 
A) protected in the same way as land. 
B) exclusive. 
C) expensive to produce but cheap to reproduce and transmit. 
D) expensive to produce, copy, and transmit.

Question 20

Derrick buys a CD but after listening to it, decides he doesn't like the music. May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music, may he legally copy the CD for her?

Accepted Answer

Under the first sale doctrine, Derrick h

Exam 27: Intellectual Property

What is the best definition of a trade secret ?

The vast majority of patents that are issued are

The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Unlike with patents, the ideas underlying copyrighted material need not be novel.

Monic, a college professor, makes 30 photocopies of a magazine article and passes the article out to her students. The students are assigned to read the article and write an opinion paper about it. Has Monic violated copyright law?

Briefly define patent, copyright, and trademark, and explain how long they last.

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

A company's trade secret lasts for

A plant patent lasts for

Which of the following cases concerned a trade secret?

In order for a copyright holder to collect money damages from a person who used copyrighted material, it must be proven that

A design patent protects the appearance of an item and is valid for 14 years.

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

Which is NOT a provision of the Digital Millennium Copyright Act?

Martina developed a new type of apple tree which could be reproduced through grafting. She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

A trademark lasts for

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music, he wrote "© 2018 by Rick Reed." Four months later a local band was playing his song at a bar. Rick felt that the bar was an inappropriate setting for his music. What is his remedy?

A patent is available for an idea as well as a tangible application.

Intellectual property is

Derrick buys a CD but after listening to it, decides he doesn't like the music. May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music, may he legally copy the CD for her?

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