Question 1

To be subject to copyright, a writing must fulfill three requirements. What are they?

Accepted Answer

To be subject to copyright, a writing must fulfill the following three requirements:
-It must be "fixed" in some "tangible medium of expression."
-It must be creative, at least to a minimal degree.
-It must be "original" which means that it must have originated with the author.

Question 2

Under current law, a design patent gives the inventor exclusive rights to use the design for twenty years.

Accepted Answer

A) True 
 B)False  False

Question 3

McDonald's is an example of a service mark.

Accepted Answer

A) True 
 B)False  True

Question 4

A trademark is the right to prevent others from using a company's product name, slogan, or identifying design.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is true of the Economic Espionage Act (EEA)?

Accepted Answer

A)  The act requires criminal forfeiture of any property used, or intended to be used, in commission of the crime. 
B)  The act establishes the misappropriation of trade secrets as a civil misdemeanor rather than a criminal act. 
C)  The act applies only to espionage by organizations, or on behalf of organizations, rather than to individuals. 
D)  The act authorizes civil proceedings by the Department of Justice to enjoin violations of the act and also creates a private cause of action. 
E)  The EEA is not effective if the offender is a U.S. company operating outside the United States. 
A)  The act requires criminal forfeiture of any property used, or intended to be used, in commission of the crime. 
B)  The act establishes the misappropriation of trade secrets as a civil misdemeanor rather than a criminal act. 
C)  The act applies only to espionage by organizations, or on behalf of organizations, rather than to individuals. 
D)  The act authorizes civil proceedings by the Department of Justice to enjoin violations of the act and also creates a private cause of action. 
E)  The EEA is not effective if the offender is a U.S. company operating outside the United States.

Question 6

To qualify for protection, a trademark must pass a four-part test. What is the test?

Accepted Answer

To qualify for protection, a trademark m

Question 7

Which of the following says that infringing products, processes, or machines need not be identical?

Accepted Answer

A)  Act-of-state doctrine 
B)  Doctrine of equivalents 
C)  Doctrine of indivisibility 
D)  Erie doctrine 
E)  Exclusionary rule 
A)  Act-of-state doctrine 
B)  Doctrine of equivalents 
C)  Doctrine of indivisibility 
D)  Erie doctrine 
E)  Exclusionary rule

Question 8

Which of the following is true of patents?

Accepted Answer

A)  Patent law is enacted by the Congress under the power given by Article V of the Constitution. 
B)  A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years. 
C)  Processes may be patented but machines may not be. 
D)  A composition of matter is found in nature and can be patented. 
E)  A design patent gives the owner exclusive rights to use the design for fourteen years. 
A)  Patent law is enacted by the Congress under the power given by Article V of the Constitution. 
B)  A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years. 
C)  Processes may be patented but machines may not be. 
D)  A composition of matter is found in nature and can be patented. 
E)  A design patent gives the owner exclusive rights to use the design for fourteen years.

Question 9

To obtain a patent, the inventor must provide a description of the invention that gives enough detail so that one skilled in the art will be able to make and use them. This is known as a(n) _____.

Accepted Answer

A)  composition 
B)  subrogation 
C)  accession 
D)  perfection 
E)  specification 
A)  composition 
B)  subrogation 
C)  accession 
D)  perfection 
E)  specification

Question 10

Intellectual property is always intangible personal property.

Accepted Answer

A) True 
 B)False

Question 11

A patent is a legal right given to authors to prevent others from copying the expression embodied in a protected work.

Accepted Answer

A) True 
 B)False

Question 12

A trade secret refers to a process or chemical formula known only to an employer and those employees who need to know in order to use it in business.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following acts makes the theft or misappropriation of a trade secret a federal crime?

Accepted Answer

A)  Intellectual Property Enforcement Act 
B)  Sarbanes-Oxley Act 
C)  Helms-Burton Act 
D)  Economic Espionage Act 
E)  Uniform Trade Secrets Act 
A)  Intellectual Property Enforcement Act 
B)  Sarbanes-Oxley Act 
C)  Helms-Burton Act 
D)  Economic Espionage Act 
E)  Uniform Trade Secrets Act

Question 14

Copyright protects the expression of ideas in some tangible form, but also the ideas themselves.

Accepted Answer

A) True 
 B)False

Question 15

A process, chemical formula, list, plan, or mechanism known only to an employer and those employees who need to know in order to use it in business is known as a:

Accepted Answer

A)  patent. 
B)  service mark. 
C)  trade secret. 
D)  copyright. 
E)  trademark. 
A)  patent. 
B)  service mark. 
C)  trade secret. 
D)  copyright. 
E)  trademark.

Question 16

For which of the following can a copyright be obtained?

Accepted Answer

A)  Mathematical calculations 
B)  A musical composition 
C)  A process for making an alloy 
D)  A genetically modified organism 
E)  A trademark 
A)  Mathematical calculations 
B)  A musical composition 
C)  A process for making an alloy 
D)  A genetically modified organism 
E)  A trademark

Question 17

The Economic Espionage Act criminalizes the misappropriation of trade secrets with the knowledge or intent that the theft will benefit a foreign nation.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention?

Accepted Answer

A)  Trademark 
B)  Patent 
C)  Copyright 
D)  Certification mark. 
E)  Service mark 
A)  Trademark 
B)  Patent 
C)  Copyright 
D)  Certification mark. 
E)  Service mark

Question 19

Which of the following acts defined trademark as "any word, name, symbol or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others?"

Accepted Answer

A)  Trademark Law Revision Act 
B)  Hill-Burton Act 
C)  Lanham Act 
D)  Trademark Dilution Act 
E)  Trademark Counterfeiting Act 
A)  Trademark Law Revision Act 
B)  Hill-Burton Act 
C)  Lanham Act 
D)  Trademark Dilution Act 
E)  Trademark Counterfeiting Act

Question 20

A copyright gives its holder the exclusive right to prepare derivative works based on the copyrighted work.

Accepted Answer

A) True 
 B)False

Exam 32: Intellectual Property

To be subject to copyright, a writing must fulfill three requirements. What are they?

Under current law, a design patent gives the inventor exclusive rights to use the design for twenty years.

McDonald's is an example of a service mark.

A trademark is the right to prevent others from using a company's product name, slogan, or identifying design.

Which of the following is true of the Economic Espionage Act (EEA)?

To qualify for protection, a trademark must pass a four-part test. What is the test?

Which of the following says that infringing products, processes, or machines need not be identical?

Which of the following is true of patents?

To obtain a patent, the inventor must provide a description of the invention that gives enough detail so that one skilled in the art will be able to make and use them. This is known as a(n) _____.

Intellectual property is always intangible personal property.

A patent is a legal right given to authors to prevent others from copying the expression embodied in a protected work.

A trade secret refers to a process or chemical formula known only to an employer and those employees who need to know in order to use it in business.

Which of the following acts makes the theft or misappropriation of a trade secret a federal crime?

Copyright protects the expression of ideas in some tangible form, but also the ideas themselves.

A process, chemical formula, list, plan, or mechanism known only to an employer and those employees who need to know in order to use it in business is known as a:

For which of the following can a copyright be obtained?

The Economic Espionage Act criminalizes the misappropriation of trade secrets with the knowledge or intent that the theft will benefit a foreign nation.

Which of the following is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention?

Which of the following acts defined trademark as "any word, name, symbol or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others?"

A copyright gives its holder the exclusive right to prepare derivative works based on the copyrighted work.

Introduction to Law and Legal Systems

Corporate Social Responsibility and Business Ethics

Courts and the Legal Process

Constitutional Law and Us Commerce

Administrative Law

Criminal Law

Introduction to Tort Law

Introduction to Contract Law

The Agreement

Real Assent

Consideration

Legality

Form and Meaning

Third-Party Rights

Discharge of Obligations

Remedies

Introduction to Sales and Leases

Title and Risk of Loss

Performance and Remedies

Products Liability

Bailments and the Storage, Shipment, and Leasing of Goods

Nature and Form of Commercial Paper

Negotiation of Commercial Paper

Holder in Due Course and Defenses

Liability and Discharge

Legal Aspects of Banking

Consumer Credit Transactions

Secured Transactions and Suretyship

Mortgages and Nonconsensual Liens

Bankruptcy

Introduction to Property: Personal Property and Fixtures

The Nature and Regulation of Real Estate and the Environment

The Transfer of Real Estate by Sale

Landlord and Tenant Law

Estate Planning: Wills, Estates, and Trusts

Insurance

Relationships Between Principal and Agent

Liability of Principal and Agent; Termination of Agency

Partnerships: General Characteristics and Formation

Partnership Operation and Termination

Hybrid Business Forms

Corporation: General Characteristics and Formation

Legal Aspects of Corporate Finance

Corporate Powers and Management

Securities Regulation

Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution

Antitrust Law

Unfair Trade Practices and the Federal Trade Commission

Employment Law

International Law

Liability and Regulation of Accountants

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