Question 1

Trademark dilution laws:

Accepted Answer

A) protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur. 
B) are intended at protecting consumers rather than focusing on protecting the investment of trademark owners. 
C) permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. 
D) require the licensee to transfer any inventions it derives from the licensed technology to the licensor. 
A) protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur. 
B) are intended at protecting consumers rather than focusing on protecting the investment of trademark owners. 
C) permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. 
D) require the licensee to transfer any inventions it derives from the licensed technology to the licensor.

Question 2

The World Trade Organization (WTO)addresses intellectual property rights under the:

Accepted Answer

A) TRIPS agreement. 
B) TRIMS agreement. 
C) FCRA agreement. 
D) ERISA agreement. 
A) TRIPS agreement. 
B) TRIMS agreement. 
C) FCRA agreement. 
D) ERISA agreement.

Question 3

A trade secret is also called ____.

Accepted Answer

A) performance standard 
B) contributory copyright 
C) compilation of information 
D) propriety information 
A) performance standard 
B) contributory copyright 
C) compilation of information 
D) propriety information

Question 4

Which of the following statements is true of the registration system for trademarks?

Accepted Answer

A) In the United States,a trademark is eligible for registration in the absence of prior commercial use. 
B) U.S.trademarks are generally registered for 20-year terms and the holder may renew the registration only twice. 
C) The registration of a trademark must contain a clear description of what is being protected and must be available to the public. 
D) Registration is not mandatory for service marks and geographical indications to be protected. 
A) In the United States,a trademark is eligible for registration in the absence of prior commercial use. 
B) U.S.trademarks are generally registered for 20-year terms and the holder may renew the registration only twice. 
C) The registration of a trademark must contain a clear description of what is being protected and must be available to the public. 
D) Registration is not mandatory for service marks and geographical indications to be protected.

Question 5

An individual may freely use the trade secret of another if:

Accepted Answer

A) it was discovered through reverse engineering. 
B) it was acquired from someone who breached a duty of confidentiality regarding the secret. 
C) it was obtained by improper means. 
D) it was acquired by breaching the duty of confidentiality regarding the secret. 
A) it was discovered through reverse engineering. 
B) it was acquired from someone who breached a duty of confidentiality regarding the secret. 
C) it was obtained by improper means. 
D) it was acquired by breaching the duty of confidentiality regarding the secret.

Question 6

How can a plaintiff recover for trademark infringement?

Accepted Answer

In order to recover for trademark infrin

Question 7

Aspirin has lost its trademark protection because the name has become so widely used that it has acquired a ____ meaning.

Accepted Answer

A) generic 
B) descriptive 
C) arbitrary 
D) comprehensive 
A) generic 
B) descriptive 
C) arbitrary 
D) comprehensive

Question 8

A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.

Accepted Answer

A) True 
 B)False

Question 9

The "fair use" defense against copyright infringement:

Accepted Answer

A) does not apply if the use enhances the value or marketability of the original work. 
B) applies if there are substantial differences between the copyrighted work and the derivative work. 
C) applies only to creative works rather than informational works. 
D) does not apply for commercial uses that are presumptively fair. 
A) does not apply if the use enhances the value or marketability of the original work. 
B) applies if there are substantial differences between the copyrighted work and the derivative work. 
C) applies only to creative works rather than informational works. 
D) does not apply for commercial uses that are presumptively fair.

Question 10

A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology everywhere else in the world.This provision is found in the:

Accepted Answer

A) exclusive dealing clause. 
B) grant-back clause. 
C) territoriality principle. 
D) territorial restriction. 
A) exclusive dealing clause. 
B) grant-back clause. 
C) territoriality principle. 
D) territorial restriction.

Question 11

TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.

Accepted Answer

A) True 
 B)False

Question 12

One of the conditions that a plaintiff must show in order to recover for trademark infringement is that:

Accepted Answer

A) the defendant used the mark only in exports. 
B) the defendant's use of the mark was in connection with the advertising of goods. 
C) the defendant's use of the trademarks dilutes their distinctive quality. 
D) the defendant began using the trademarks after they became famous. 
A) the defendant used the mark only in exports. 
B) the defendant's use of the mark was in connection with the advertising of goods. 
C) the defendant's use of the trademarks dilutes their distinctive quality. 
D) the defendant began using the trademarks after they became famous.

Question 13

The _____ theory of recovery has been used effectively against several suppliers of peer-to-peer file sharing software that has been used to download CDs and DVDs from the Internet.

Accepted Answer

A) contributory copyright infringement 
B) vicarious copyright infringement 
C) direct copyright infringement 
D) indirect copyright infringement 
A) contributory copyright infringement 
B) vicarious copyright infringement 
C) direct copyright infringement 
D) indirect copyright infringement

Question 14

The principle of first in time equals first in right:

Accepted Answer

A) asserts that it is enough to have invented the mark first. 
B) is a fundamental principle of service mark law. 
C) asserts that it is enough to have used the mark earlier in any country. 
D) is bound by the territoriality principle. 
A) asserts that it is enough to have invented the mark first. 
B) is a fundamental principle of service mark law. 
C) asserts that it is enough to have used the mark earlier in any country. 
D) is bound by the territoriality principle.

Question 15

Which of the following statements is true about trade secrets?

Accepted Answer

A) A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret. 
B) A trade secret generally does not include processes,techniques,and compilations of information. 
C) A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection. 
D) A business may attempt to maintain the trade secret if the monopoly period for patents is relatively long. 
A) A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret. 
B) A trade secret generally does not include processes,techniques,and compilations of information. 
C) A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection. 
D) A business may attempt to maintain the trade secret if the monopoly period for patents is relatively long.

Question 16

Which of the following statements is true about patent infringement in the U.S?

Accepted Answer

A) The court holds only the infringer accountable for the unlawful activities.Accomplices are not considered liable under the U.S infringement law. 
B) There is no affect on the importation of foreign goods that infringe U.S.patent rights. 
C) Infringement does not occur when a product patented in the U.S is made and sold in another country. 
D) The court grants an automatic injunction in cases of infringement. 
A) The court holds only the infringer accountable for the unlawful activities.Accomplices are not considered liable under the U.S infringement law. 
B) There is no affect on the importation of foreign goods that infringe U.S.patent rights. 
C) Infringement does not occur when a product patented in the U.S is made and sold in another country. 
D) The court grants an automatic injunction in cases of infringement.

Question 17

When the trademark is a descriptive term:

Accepted Answer

A) courts routinely treat the term as distinctive to legal merit. 
B) protection exists only if a claimant proves that the term conveys to consumers a secondary meaning of association with the claimant. 
C) courts are unwilling to afford the term trademark protection. 
D) it qualifies for trademark protection automatically and functions as the common descriptive name of a product class. 
A) courts routinely treat the term as distinctive to legal merit. 
B) protection exists only if a claimant proves that the term conveys to consumers a secondary meaning of association with the claimant. 
C) courts are unwilling to afford the term trademark protection. 
D) it qualifies for trademark protection automatically and functions as the common descriptive name of a product class.

Question 18

A patent:

Accepted Answer

A) grants its owner the exclusive right to make,use,or sell an invention or process for an indefinite period. 
B) deprives competitors of the opportunity to use the invention without the patent holder's consent. 
C) creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies. 
D) includes articles or processes falling under the category of physical phenomena or abstract ideas. 
A) grants its owner the exclusive right to make,use,or sell an invention or process for an indefinite period. 
B) deprives competitors of the opportunity to use the invention without the patent holder's consent. 
C) creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies. 
D) includes articles or processes falling under the category of physical phenomena or abstract ideas.

Question 19

The Unites States awards patent privileges based on a ____ standard.

Accepted Answer

A) first to contemplate 
B) first to use 
C) first to file 
D) first to invent 
A) first to contemplate 
B) first to use 
C) first to file 
D) first to invent

Question 20

What are technology transfer agreements?

Accepted Answer

A technology transfer occurs when a busi

Exam 8: Licensing and Intellectual Property

Trademark dilution laws:

The World Trade Organization (WTO)addresses intellectual property rights under the:

A trade secret is also called ____.

Which of the following statements is true of the registration system for trademarks?

An individual may freely use the trade secret of another if:

How can a plaintiff recover for trademark infringement?

Aspirin has lost its trademark protection because the name has become so widely used that it has acquired a ____ meaning.

A grant-back provision requires the licensee to transfer any inventions it derives from the licensed technology to the licensor.

The "fair use" defense against copyright infringement:

A licensor may retain certain markets for himself while allowing the licensee to exploit the licensed technology everywhere else in the world.This provision is found in the:

TRIPS permits nations to issue compulsory licenses when a patent holder does not make patented goods available to the public.

One of the conditions that a plaintiff must show in order to recover for trademark infringement is that:

The _____ theory of recovery has been used effectively against several suppliers of peer-to-peer file sharing software that has been used to download CDs and DVDs from the Internet.

The principle of first in time equals first in right:

Which of the following statements is true about trade secrets?

Which of the following statements is true about patent infringement in the U.S?

When the trademark is a descriptive term:

A patent:

The Unites States awards patent privileges based on a ____ standard.

What are technology transfer agreements?

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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