Exam 9: Intellectual Property Rights and the Internet

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

Once approved by the U.S. Patent and Trademark Office, a patent is presumed valid after a public comment period of 90 days.

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.

The Semiconductor Chip Protection Act of 1984 created a new form of industrial intellectual property by protecting mask works and the semiconductor chip products in which they are embodied against chip piracy.

A copyright prevents the copying of an idea.

Under the Semiconductor Chip Protection Act reverse engineering exemption, competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

The Digital Millennium Copyright Act :

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

The type of patent that may be granted to developers of plant reproduction methods is called a:

Trademarks and service marks are recorded with the Register of Copyrights.

An owner of a copyright may license some of his or her rights to another in exchange for royalty payments.

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______.

It is important to protect trade dress against adoption by a competitor failure to protect the mark can:

Cybersquatters are individuals who register and set up domain names on the Internet that are identical or confusingly similar to existing trademarks in the hopes they can sell the name to the trademark owner.

The Sony Bono Copyright Extension Act of 1998 extended copyright protection to the life of the author plus 50 years.

Computer software licensing agreements include restrictions on the use of software and give the licensor greater protection than that provided by copyright law.

Trade dress refers to the packaging look and overall image of a product.

The DMCA provides a(n) _______ for internet service against claims of _______.