Question 1

Which of the following characterizes copyright transfer?

Accepted Answer

A)  Oral transfers are valid and recognized. 
B)  Ownership can be retained while licensing part of the work. 
C)  It leads to a transfer of ownership for that period of time. 
D)  It allows everything except the performance of the work. 
A)  Oral transfers are valid and recognized. 
B)  Ownership can be retained while licensing part of the work. 
C)  It leads to a transfer of ownership for that period of time. 
D)  It allows everything except the performance of the work. B

Question 2

Which type of marks is most likely to be registered for trademark protection?

Accepted Answer

A)  Suggestive 
B)  Arbitrary 
C)  Descriptive 
D)  Generic 
A)  Suggestive 
B)  Arbitrary 
C)  Descriptive 
D)  Generic B

Question 3

Carlos has written a novel.He wants to protect his intellectual property with a copyright.What must he do first?

Accepted Answer

A)  He must apply to the U.S.Copyright Office for a copyright. 
B)  He must produce a certificate that he is the original author. 
C)  He must put the novel in some tangible form,like a hard copy or a compact disc. 
D)  He must certify that his story is original and novel. 
A)  He must apply to the U.S.Copyright Office for a copyright. 
B)  He must produce a certificate that he is the original author. 
C)  He must put the novel in some tangible form,like a hard copy or a compact disc. 
D)  He must certify that his story is original and novel. C

Question 4

What section of the United States Constitution empowers Congress to promote progress of science by enacting copyright and patent laws?

Accepted Answer

A)  Article I § 8 
B)  Article I § 15 
C)  Article 2 § 5 
D)  Article 3 § 1 
A)  Article I § 8 
B)  Article I § 15 
C)  Article 2 § 5 
D)  Article 3 § 1

Question 5

Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears?

Accepted Answer

A)  The physical arrangement and ordering of pieces of factual information on pages in a reference book. 
B)  The melody of a song. 
C)  The dialogue spoken by actors in a TV commercial. 
D)  The theme of a short story. 
A)  The physical arrangement and ordering of pieces of factual information on pages in a reference book. 
B)  The melody of a song. 
C)  The dialogue spoken by actors in a TV commercial. 
D)  The theme of a short story.

Question 6

A firm claiming a trade secret must show that it:

Accepted Answer

A)  took measures to ensure secrecy. 
B)  gave adequate compensation for the work. 
C)  has a license to produce the product. 
D)  has enough research to back the product. 
A)  took measures to ensure secrecy. 
B)  gave adequate compensation for the work. 
C)  has a license to produce the product. 
D)  has enough research to back the product.

Question 7

How long is the legal temporary monopoly that present patent laws provide to the inventor after the filing of the patent application?

Accepted Answer

A)  Ten years 
B)  Seventeen years 
C)  Twenty years 
D)  The lifetime of the inventor. 
A)  Ten years 
B)  Seventeen years 
C)  Twenty years 
D)  The lifetime of the inventor.

Question 8

There is no international copyright that automatically protects a copyrighted work everywhere in the world.

Accepted Answer

A) True 
 B)False

Question 9

One may also challenge a patent's validity without first being sued for infringement by filing a declaratory judgment action that seeks a court ruling of invalidity.

Accepted Answer

A) True 
 B)False

Question 10

Susan was hired by Teddy & Co.as a sales woman.However,the management on seeing her intelligence and capabilities allowed her to use the office library and research facility to create an inventive product.Susan now wants to patent the product in her own name.This is not permissible under the:

Accepted Answer

A)  doctrine of equivalents. 
B)  respondeat superior doctrine. 
C)  shop right doctrine. 
D)  doctrine of assignment. 
A)  doctrine of equivalents. 
B)  respondeat superior doctrine. 
C)  shop right doctrine. 
D)  doctrine of assignment.

Question 11

Discuss one criticism of the first-to-file policy.

Accepted Answer

Those who would mount a constitutional c

Question 12

There is usually no liability of injurious falsehood for false statements that are made negligently and in good faith.

Accepted Answer

A) True 
 B)False

Question 13

A trademark owner who wins an infringement suit may obtain a(n)_____ against uses of the mark that are likely to cause confusion.

Accepted Answer

A)  license 
B)  assignment 
C)  injunction 
D)  writ 
A)  license 
B)  assignment 
C)  injunction 
D)  writ

Question 14

The World Intellectual Property Organization is a leading provider of conciliation for bad faith action.

Accepted Answer

A) True 
 B)False

Question 15

Eleanor Rigby is an employee of Strawberry Fields Music,Inc. ,a firm that specializes in the preparation of original music for possible use by advertisers in TV and radio commercials.In January 2000,Rigby wrote a song that is protected by copyright.She wrote the song as part of her regular duties as a Strawberry Fields employee.Rigby and Strawberry Fields did not have a written agreement concerning ownership of the copyright on the song.In February 2000,Rigby and Strawberry Fields published the song by making large numbers of copies available to the public.Statements A through D deal with ownership of the copyright on the song and with the duration of the copyright.Which statement is legally accurate?

Accepted Answer

A)  Rigby owns the copyright,which will expire 50 years after her death. 
B)  Rigby owns the copyright,which will expire in 2100. 
C)  Strawberry Fields owns the copyright,which will expire in 2075. 
D)  Strawberry Fields owns the copyright,which will expire 50 years after Rigby's death. 
A)  Rigby owns the copyright,which will expire 50 years after her death. 
B)  Rigby owns the copyright,which will expire in 2100. 
C)  Strawberry Fields owns the copyright,which will expire in 2075. 
D)  Strawberry Fields owns the copyright,which will expire 50 years after Rigby's death.

Question 16

In case of conflict of ownership between employee and employer over a trade secret,the employer is normally held to be the owner when:

Accepted Answer

A)  the employee agreed to divulge or use trade secrets. 
B)  other employees had no contribution in the work. 
C)  the employee was hired to do work related to it. 
D)  the employee was not given adequate compensation for the work. 
A)  the employee agreed to divulge or use trade secrets. 
B)  other employees had no contribution in the work. 
C)  the employee was hired to do work related to it. 
D)  the employee was not given adequate compensation for the work.

Question 17

Customer lists are not patentable but may be subject to trade secret protection.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following would have an argument to being exempted from using materials that were copyrighted?

Accepted Answer

A)  A business owner attempting to make money off the materials 
B)  A news organization transmitting information to the public 
C)  A consumer attempting to avoid paying for the materials 
D)  An author who copies the materials to make money without permission 
A)  A business owner attempting to make money off the materials 
B)  A news organization transmitting information to the public 
C)  A consumer attempting to avoid paying for the materials 
D)  An author who copies the materials to make money without permission

Question 19

A patent can be transferred through an assignment to another party.

Accepted Answer

A) True 
 B)False

Question 20

A trademark is considered to be abandoned when:

Accepted Answer

A)  the owner fails to use it. 
B)  it acquires a generic meaning. 
C)  it has been obtained by fraud. 
D)  it is suggestive or arbitrary. 
A)  the owner fails to use it. 
B)  it acquires a generic meaning. 
C)  it has been obtained by fraud. 
D)  it is suggestive or arbitrary.

Exam 8: Intellectual Property and Unfair Competition

Which of the following characterizes copyright transfer?

Which type of marks is most likely to be registered for trademark protection?

Carlos has written a novel.He wants to protect his intellectual property with a copyright.What must he do first?

What section of the United States Constitution empowers Congress to promote progress of science by enacting copyright and patent laws?

Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears?

A firm claiming a trade secret must show that it:

How long is the legal temporary monopoly that present patent laws provide to the inventor after the filing of the patent application?

There is no international copyright that automatically protects a copyrighted work everywhere in the world.

One may also challenge a patent's validity without first being sued for infringement by filing a declaratory judgment action that seeks a court ruling of invalidity.

Susan was hired by Teddy & Co.as a sales woman.However,the management on seeing her intelligence and capabilities allowed her to use the office library and research facility to create an inventive product.Susan now wants to patent the product in her own name.This is not permissible under the:

Discuss one criticism of the first-to-file policy.

There is usually no liability of injurious falsehood for false statements that are made negligently and in good faith.

A trademark owner who wins an infringement suit may obtain a(n)_____ against uses of the mark that are likely to cause confusion.

The World Intellectual Property Organization is a leading provider of conciliation for bad faith action.

In case of conflict of ownership between employee and employer over a trade secret,the employer is normally held to be the owner when:

Customer lists are not patentable but may be subject to trade secret protection.

Which of the following would have an argument to being exempted from using materials that were copyrighted?

A patent can be transferred through an assignment to another party.

A trademark is considered to be abandoned when:

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, Limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinson-Patman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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