Deck 9: Intellectual Property

Question 1

A collective mark is a mark used exclusively by a licensee or franchisee to indicate that a product meets certain standards.

Answer 1

False

Question 2

A copyright gives its owner the right to prevent others from using the idea or the knowledge contained in the copyrighted work.

Answer 2

False

Question 3

The right of an author to prohibit others from tampering with a copyrighted work is called the right of performance.

Answer 3

False

Question 4

A franchise in which the franchisee sells products it manufactures from a formula or from ingredients provided by the franchisor is called chain-style business.

Question 5

A patent is an incorporeal statutory right that gives an inventor, for a limited period, the exclusive right to use or sell a patented product or to use a patented method or process.

Question 6

Inventions and trademarks are types of artistic property.

Question 7

The World Intellectual Property Organization is responsible for administering the Paris and Berne Conventions.

Question 8

A pecuniary right is the right of an author to exploit a copyrighted work for economic gain.

Question 9

The nonconditional protection principle states that common minimum standards for granting copyrights must be observed by all member states.

Question 10

KFC and Pizza Hut are examples of distributorship.

Question 11

When the TRIPS Agreement came into effect, the minimum term of protection for patents was set at 20 years for WTO member states.

Question 12

An agreement between a buyer and a seller is called a cartel.

Question 13

Parties to multilateral agreements are prevented from entering into bilateral arrangements.

Question 14

The exhaustion-of-rights doctrine states that once a good made or sold under license is in circulation, the licensor has no further right to control its distribution.

Question 15

The Patent Cooperation Treaty establishes an international mechanism that allows inventors to make a single application for patent protection that is equivalent to making a filing in all member states.

Question 16

The domestic sale of products manufactured under a license that only grants a foreign licensee the right to sell the goods overseas is called gray marketing.

Question 17

A patent pool is an agreement to exchange licenses.

Question 18

The patent granted for the invention of a new and useful process, machine, article of manufacture, or composition of matter is called a petty patent.

Question 19

A certification mark is a mark or symbol used to identify a person who provides services.

Question 20

Agreements between competitors that have the effect of diminishing competition are called vertical competition agreements.

Question 21

Sole rights prevent everyone except the licensor from competing.

Question 22

The ________ is the exclusive right of an author to make multiple copies of a copyrighted work.

A) right of reproduction
B) right of exhibition
C) neighboring right
D) moral right

Question 23

A ________ is an incorporeal statutory right that gives the author of an artistic work, for a limited period, the exclusive privilege of making copies of the work and publishing and selling the copies.

A) moral right
B) patent
C) copyright
D) neighboring right

Question 24

The ________ states that once a copy of a copyrighted work is in circulation, the author has no further right to control its distribution.

A) common origin doctrine
B) exhaustion of rights doctrine
C) rule of reason
D) first sale doctrine

Question 25

A(n) ________ is a patent granted to protect new and original blueprint of an article of manufacture.

A) copyright
B) utility patent
C) plant patent
D) design patent

Question 26

Which of the following terms refers to the exact manner in which a particular work of authorship is set down in a tangible way?

A) expression
B) distinctiveness
C) originality
D) know-how

Question 27

________ is the right of an author to communicate a copyrighted work to the public.

A) Property right
B) Neighboring right
C) Right of performance
D) Right of reproduction

Question 28

Which of the following terms refers to the right of an author to exploit a copyrighted work for economic gain?

A) pecuniary right
B) right of priority
C) neighboring right
D) moral right

Question 29

In the year 1915, Coca Cola patented the shape of Coca Cola bottles. This is an example of a(n) ________.

A) design patent
B) utility patent
C) plant patent
D) copyright

Question 30

Cross-licensing agreements that involve any territorial restraint with respect to the manufacture, use, or marketing of goods are invalid.

Question 31

An exclusive license is a license that restricts who may compete with the licensee.

Question 32

A tying clause is a provision forbidding a licensee from competing with the licensor.

Question 33

Which of the following terms refers to the creative effort invested by an author in raw materials that gives them a new quality or character?

A) literary appropriation
B) plagiarism
C) originality
D) phishing

Question 34

________ is the right of an author to place a copy of a copyrighted work into circulation for the first time.

A) Right of reproduction
B) Right of distribution
C) Property right
D) Neighboring right

Question 35

A multiple licensing agreement is a contract for the licensing of industrial property rights to two or more licensees.

Question 36

Patents differ from copyrights in that, patents ________.

A) are granted for an unlimited period of time
B) give its owner the exclusive right to use or sell a particular product
C) create perfect competition in the market
D) give its owner the pecuniary right to performance

Question 37

Which of the following is a type of pecuniary right?

A) right of exhibition
B) right of reproduction
C) moral right
D) neighboring right

Question 38

The personal rights of authors to prohibit others from tampering with their works are called ________.

A) moral rights
B) neighboring rights
C) property rights
D) rights of priority

Question 39

A compulsory copyright license compels a copyright owner to grant a license, but it allows the owner to negotiate the terms of the license.

Question 40

Industrial property is itself divided into two categories: inventions and ________.

A) trademarks
B) pecuniary rights
C) service marks
D) artistic property

Question 41

A(n) ________ is the patent granted for the invention of a new and useful process, machine, article of manufacture, or composition of matter.

A) design patent
B) utility patent
C) plant patent
D) copyright

Question 42

A ________ is a franchise in which a franchisee operates under the franchisor's trade name and is identified as part of the franchisor's business.

A) chain-style business
B) processing plant franchise
C) manufacturing franchise
D) distributorship

Question 43

Mark owns a chain of hotels. Roby acquires a license that allows him to extend the chain under the supervision and control of Mark. This type of license is an example of a ________.

A) franchise
B) patent
C) copyright
D) patent pool

Question 44

Practical expertise acquired from study, training, and experience is called ________.

A) originality
B) expression
C) distinctiveness
D) know-how

Question 45

The ________ states that once a good made or sold under license is in circulation, the licensor has no further right to control its distribution.

A) first sale doctrine
B) common origin doctrine
C) exhaustion-of-rights doctrine
D) doctrine of exhaustion

Question 46

Subway and Dunkin' Donuts are examples of a ________.

A) manufacturing franchise
B) processing plant franchise
C) chain-style business
D) distributorship

Question 47

A ________ is an authority granted by the owner of an intellectual property to another allowing the latter the right to use it in some limited way.

A) trademark
B) copyright
C) license
D) patent

Question 48

The ________ states that for a period of one year, an application for a patent in a second member country will be treated as though it had been filed on the same date as the application made in the first member country.

A) common origin doctrine
B) rule of reason
C) Trademark Law Treaty
D) right of priority

Question 49

Which of the following terms refers to a franchise in which a manufacturer licenses a dealer to sell its products?

A) gray marketing
B) processing plant franchise
C) chain-style business
D) distributorship

Question 50

A ________ is a mark or symbol used to identify goods of a particular manufacturer or merchant.

A) certification mark
B) true trademark
C) watermark
D) copyright

Question 51

"Gatorade" is an example of a ________.

A) copyright
B) service mark
C) true trademark
D) certification mark

Question 52

Agreements between competitors that have the effect of diminishing competition are called ________.

A) vertical competition agreements
B) cross-licensing agreements
C) multiple licensing agreements
D) horizontal competition agreements

Question 53

The ________ was created in 1967 with the adoption of the Stockholm Convention.

A) Council of Europe
B) International Monetary Fund
C) World Trade Organization
D) World Intellectual Property Organization

Question 54

Which of the following is an example of a distributorship franchise?

A) a Pepsi-Cola factory
B) a KFC outlet
C) Hilton Hotels and Resorts
D) Volkswagen dealership

Question 55

The ________ establishes an international mechanism that allows inventors to make a single application for patent protection that is equivalent to making a filing in all member states.

A) Patent Cooperation Treaty
B) Washington Treaty
C) rule of reason
D) common origin doctrine

Question 56

A ________ is a mark or symbol used to identify a manufacturer or merchant.

A) trade name
B) copyright
C) certification mark
D) patent

Question 57

Which of the following statements is true regarding the World Intellectual Property Organization (WIPO)?

A) It was created with the adoption of the Vienna Convention.
B) WIPO, like its predecessors, has very narrow authority.
C) One of the responsibilities of the WIPO is resolving Internet domain disputes.
D) The European Council is the governing body of the WIPO.

Question 58

Which of the following terms refers to the domestic sale of products manufactured under a license that only grants a foreign licensee the right to sell the goods overseas?

A) gray marketing
B) patenting
C) franchising
D) cross-licensing

Question 59

The ________ is a court-adopted rule that allows a reviewing court to consider the overall impact of a particular agreement on competition within its relevant market.

A) choice of law rule
B) rule of reason
C) rule of origin
D) ultra vires rule

Question 60

A franchise in which the franchisee sells products it manufactures from a formula or from ingredients provided by the franchisor is called a ________.

A) distributorship
B) chain-style business
C) processing plant franchise
D) business format franchise

Question 61

What are the different types of patents?

Question 62

Which of the following is true of the price-fixing clause?

A) It is a provision forbidding a licensee from competing with the licensor.
B) It specifies only the minimum prices.
C) It forbids a licensee from entering into agreements to acquire or distribute technologies or products that compete with ones furnished or designated by the licensor.
D) It requires a licensee to sell products at a price specified by the licensor.

Question 63

A ________ is a contract for the licensing of industrial property rights to two or more licensees.

A) WIPO Copyright Treaty
B) cross-licensing agreement
C) patent pool
D) multiple licensing agreement

Question 64

The ________ states that participants in an industry-wide patent pool must grant reasonable access to the pool to any firm wishing to compete so that no firm will be disadvantaged.

A) indemnification clause
B) bottleneck principle
C) maintenance of value clause
D) country of origin principle

Question 65

What is an invention?

Question 66

A(n) ________ is the grant, by state decree, of a license to use a statutory right when the owner has failed to work it.

A) package license
B) compulsory license
C) exclusive license
D) statutory copyright license

Question 67

A(n) ________ authorizes a third party to use a copyrighted work for a fee stipulated in the statute.

A) compulsory copyright license
B) compulsory license
C) exclusive license
D) statutory copyright license

Question 68

What are the two types of intellectual properties?

Question 69

A cross-licensing agreement is ________.

A) an agreement to exchange licenses
B) an agreement to share patents and other technology
C) an agreement between sellers and buyers
D) a contract for the licensing of industrial property rights to two or more licensees

Question 70

An agreement to share patents and other technology is called a ________.

A) cross-licensing agreement
B) vertical competition agreement
C) patent pool
D) multiple licensing agreement

Question 71

A ________ is an agreement that a technology licensee will transfer to the licensor any improvements, inventions, or know-how it acquires while using the technology.

A) noncompetition clause
B) grant-back provision
C) tying clause
D) cartel

Question 72

According to the 1976 U.S. Copyright Act, what are the seven categories of works that are eligible for copyright protection?

Question 73

________ is the transfer of multiple statutory rights under a single license.

A) Package licensing
B) Compulsory licensing
C) Exclusive licensing
D) Statutory copyright licensing

Question 74

What are the different types of franchise?

Question 75

What are the various marks used by merchants to identify themselves and their products?

Question 76

A ________ is a provision requiring a licensee to acquire or use, apart from the technology wanted, goods or personnel designated by the licensor.

A) noncompetition clause
B) price-fixing clause
C) tying clause
D) no-challenge clause

Question 77

Agreements between sellers and buyers are called ________.

A) vertical competition agreements
B) multiple licensing agreements
C) cross-licensing agreements
D) horizontal competition agreements

Question 78

Write a short note on the World Intellectual Property Organization.

Question 79

Explain the right of performance.

Question 80

Which of the following is true of a cartel?

A) It is a contract for the licensing of industrial property rights to two or more licensees.
B) It is a combination of independent business firms organized to regulate the production, pricing, and marketing of goods by its members.
C) It is a provision according to which an industry-wide patent pool must grant reasonable access to the pool to any firm wishing to compete so that no firm will be disadvantaged.
D) It is a license that restricts who may compete with the licensee.