Question 1

Which of the following is not the exclusive right of the holder of a copyright?

Accepted Answer

A)  to prepare works that are derived from the original work 
B)  to obtain a court order enjoining use of the original work by another 
C)  to distribute copies of recordings of the original work 
D)  to display or perform the original work in public 
A)  to prepare works that are derived from the original work 
B)  to obtain a court order enjoining use of the original work by another 
C)  to distribute copies of recordings of the original work 
D)  to display or perform the original work in public B

Question 2

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.

Accepted Answer

A) True 
 B)False  False

Question 3

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Accepted Answer

A) True 
 B)False  True

Question 4

Computer programs are subject to protection in the U.S. under:

Accepted Answer

A)  copyright laws. 
B)  patent laws. 
C)  trade secret laws. 
D)  all of the above. 
A)  copyright laws. 
B)  patent laws. 
C)  trade secret laws. 
D)  all of the above.

Question 5

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

Accepted Answer

A)  the total number of program steps that are substantially similar. 
B)  the number of significant program steps that are substantially similar. 
C)  whether the programs appear substantially similar in ordinary language. 
D)  whether the programs appear substantially similar in machine language. 
A)  the total number of program steps that are substantially similar. 
B)  the number of significant program steps that are substantially similar. 
C)  whether the programs appear substantially similar in ordinary language. 
D)  whether the programs appear substantially similar in machine language.

Question 6

Trademarks may be used to protect the exclusive right to identify either products or services.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Computer programs are subject to copyright protection.

Accepted Answer

A) True 
 B)False

Question 9

Under the Computer Software Copyright Act of 1980, a written program:

Accepted Answer

A)  must be written in object code in order to be protected. 
B)  must be written in source code in order to be protected. 
C)  is protected as any other copyrighted material, even if it is in written form. 
D)  is protected as any other copyrighted material, but only if it is in written form. 
A)  must be written in object code in order to be protected. 
B)  must be written in source code in order to be protected. 
C)  is protected as any other copyrighted material, even if it is in written form. 
D)  is protected as any other copyrighted material, but only if it is in written form.

Question 10

The Lanham Act grants protection for:

Accepted Answer

A)  marks. 
B)  patents. 
C)  copyrights. 
D)  trade secrets. 
A)  marks. 
B)  patents. 
C)  copyrights. 
D)  trade secrets.

Question 11

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n):

Accepted Answer

A)  design patent. 
B)  functional or utility patent. 
C)  improvement patent. 
D)  plant patent. 
A)  design patent. 
B)  functional or utility patent. 
C)  improvement patent. 
D)  plant patent.

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A)  process patent. 
B)  functional or utility patent. 
C)  improvement patent. 
D)  plant patent. 
A)  process patent. 
B)  functional or utility patent. 
C)  improvement patent. 
D)  plant patent.

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?

Accepted Answer

Copyright law requires a consideration o

Question 16

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Accepted Answer

A)  the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. 
B)  the nature of the copyrighted work. 
C)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole. 
D)  all of the above. 
A)  the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. 
B)  the nature of the copyrighted work. 
C)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole. 
D)  all of the above.

Question 17

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Accepted Answer

A) True 
 B)False

Question 18

Design patents have a duration of __________ years.

Accepted Answer

A)  10 
B)  14 
C)  17 
D)  20 
A)  10 
B)  14 
C)  17 
D)  20

Question 19

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Accepted Answer

A)  implement security measures to prevent access by outsiders. 
B)  enforce contractual nondisclosure agreements against departing employees. 
C)  limit disclosure of such information to those with a need to know. 
D)  all of the above. 
A)  implement security measures to prevent access by outsiders. 
B)  enforce contractual nondisclosure agreements against departing employees. 
C)  limit disclosure of such information to those with a need to know. 
D)  all of the above.

Question 20

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Accepted Answer

A) True 
 B)False

Exam 10: Intellectual Property Rights

Which of the following is not the exclusive right of the holder of a copyright?

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.

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Computer programs are subject to protection in the U.S. under:

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

Trademarks may be used to protect the exclusive right to identify either products or services.

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

Computer programs are subject to copyright protection.

Under the Computer Software Copyright Act of 1980, a written program:

The Lanham Act grants protection for:

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n):

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

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

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.

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Design patents have a duration of __________ years.

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

The Legal Environment of International Trade

Crimes

Torts

Cyberlaw

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Instruments, Parties, and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor-Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

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