Exam 6: Intellectual Property

What conditions must be met for a defendant to successfully use the nominative fair use defense?

Trade secret law protects only against the of trade secrets.

is the existing body of knowledge available to a person of ordinary skill in the art.

A common use of open source software is to move data from one application to another and to extract, transform, and load business data into large databases.

is the act of stealing someone's ideas or words and passing them off as one's own.

A copyright is the exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work.

The was drafted to bring uniformity to all the states in the area of trade secret law.

The term of copyright has been extended several times from its original limit of 25 years to 35 years.

The Digital Millennium Copyright Act (DMCA) was signed into law in 1998 and implements two 1996 WIPO treaties.

Software, video games, multimedia works, and Web pages can all be copyrighted.

Copyright infringement is the act of stealing someone's ideas or words and passing them off as one's own.

The prohibits circumvention of any technical measures put in place to protect copyrighted works.

Defining and controlling the appropriate level of access to intellectual property are complex tasks.

The of 1996 imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets.

Industrial espionage and competitive intelligence are essentially the same.

is the process of taking something apart in order to understand it, build a copy of it, or improve it.

The concept that an idea cannot be copyrighted but the of an idea can be is key to understanding copyright protection.

A(n) is business information that represents something of economic value, has required effort or cost to develop, has some degree of uniqueness or novelty, is generally unknown to the public, and is kept confidential.

The requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.

State the background and purpose of the Agreement on Trade-Related Aspects of Intellectual Property Rights.