Exam 5: Intellectual Property and Internet Law

Canada and the United States are signatories of the Berne Convention.Doug,a citizen of Canada,publishes a book first in Canada and then in the United States.Doug's copyright must be recognized by

A list of customers cannot be a trade secret.

A patent cannot be obtained for a plant or an animal.

In determining whether copyright protection should be granted,what is copyrightable is the particular way in which an idea is expressed.

Jiffy Software,Inc. ,a U.S.manufacturer,files a suit against Kawa,Ltd. ,a Japanese software maker,for the infringement of intellectual property rights under Japan's national laws.Under the TRIPS agreement,Jiffy is entitled to receive

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

Trade dress has the same legal protection as trademarks.

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce.

Pricing information cannot be a trade secret.

George owns Murphy's Grill,a restaurant in a small town in Ohio.Without George's consent,Food Business,Inc. ,opens a club in New York City called Murphy's and begins to use "murphys" as part of the URL for the club's Web site.Food Business has committed

Ernie's Good Eatin' Cafe uses a distinctive decor,layout,menu,and style of service.This restaurant's image and overall appearance is

A service mark is used to distinguish products produced by the federal government from those produced by private corporations.

The graphics used in "Go!," a handheld computer game featuring racecars,are protected by

Federal law prohibits the unauthorized commercial use of a trademark.

A patent applicant must demonstrate that the invention,discovery,or design is commercially practicable to receive a patent.

Because the Internet is vast,the unauthorized use of another's mark in a domain name is generally permissible.

In the United States,a patent is given to the first person to file for it.

Patent infringement occurs only if an invention is copied in its entirety.

Ellen publishes a book titled First Place,which includes a chapter from Frank's copyrighted book Great Racecar Drivers without his permission.Ellen's use of the chapter is actionable

In determining whether a use of a copyrighted work is infringement under the "fair use" doctrine,the least important factor is the effect of the use on the market for the work.