Exam 11: Intellectual Property

A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.

Under patent law even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year rule).

Which of the following is the first step in protecting trade secrets?

Copyright deals with original invention, like patents.

As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ________ which gives existing mark owners notice and allows for objection.

The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Which of the following is true of the Digital Millenium Copyright Act?

Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.

Which of the following is a defense to a charge of trademark infringement?

How does the PTO determine that the proposed trademark is not similar to or owned by someone else?

The payment of a fee in connection with permission to use protected copyrighted works is called a/an:

Companies can be considered authors under copyright law.

An injunction is an order by a judge either to do something or to refrain from doing something.

Hillward Bakers have been using since their inception ten years ago, a blue HB logo with a baker's hat on the HB. Hobert Bakers, a newly opened bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?

Explain in brief, the issue surrounding the patenting of genes.

What defenses can a defendant use to win a trademark infringement lawsuit?

Which of the following is true of violation of trade secrets' rights?

If the protection of intellectual property rights did not exist, the pace of research and development (R&D) in business would likely be enhanced.

When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____.

It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.