Deck 8: Intellectual Property and Cyber Piracy

Question 1

According to the Economic Espionage Act,________.

A)persons who have reverse-engineered a trade secret can use that trade secret and the related trademark
B)it is a federal crime to steal another's trade secret
C)the rights to a trade secret must be renewed after a specified period of time
D)trade secrets can be shared for a limited amount of time

Answer 1

B

Question 2

Which of the following statements is true of the patent period in the United States?

A)It follows the first-to-file rule.
B)The patent term begins to run from the date the patent application is filed.
C)The patent term begins to run from the date the patent is issued.
D)The patent period for an invention is 17 years.

Answer 2

B

Question 3

A competitor can lawfully discover a trade secret by performing reverse engineering.

Answer 3

True

Question 4

Congress enacted the federal ________,which makes it a federal crime to steal another's trade secrets.

Question 5

When does a patent enter the public domain?

A)when the patent term expires
B)when the patent has been challenged in court and found to be an infringement
C)when the government deems that the practical purpose of the invention is universally applicable and cannot be controlled by one individual or a group of people
D)when the invention is either obvious or not a novel one

Question 6

Which of the following is a key function of the U.S.Court of Appeals for the Federal Circuit regarding patents?

A)It hears appeals rejected by the state courts regarding patent issues.
B)It accepts applications for new patents.
C)It helps promote uniformity in patent laws.
D)It helps enact new patent laws.

Question 7

If a competitor reverse-engineers a trade secret,then the competitor is ________.

A)allowed co-ownership of the trade secret and its original trademark
B)allowed to use the trade secret but not its original trademark
C)not allowed to gain commercially from the trade secret
D)obliged to inform the original owner of the trade secret

Question 8

Intellectual property falls into a category of property known as a(n)________.

A)tangible property
B)moveable property
C)real property
D)intangible property

Question 9

A ________ patent protects the functionality of an invention.

A)utility
B)method
C)design
D)process

Question 10

Which of the following is an example of intellectual property?

A)a patent
B)a vehicle
C)a business contract
D)a building

Question 11

In addition to recovering profits made by the offender and damages,a successful plaintiff in a misappropriation of a trade secret case can also ________.

A)obtain an injunction prohibiting the offender from divulging the trade secret
B)ask for transfer of any of the offender's patents to the plaintiff
C)obtain the offender's trademarks or brand name as payoff
D)ask to acquire the offender's trade secrets as payoff

Question 12

How do patent laws help an inventor?

A)by helping the inventor guard his patented invention from the public
B)by providing protection for patented inventions from infringement
C)by helping the inventor meet potential buyers for his patented inventions
D)by letting the inventor keep his patents indefinitely

Question 13

A ________ is a grant by the federal government to the inventor of an invention for the exclusive right to use,sell,or license the invention for a limited amount of time.

A)copyright
B)trade secret
C)patent
D)trademark

Question 14

A competitor can lawfully use a rival's trade secret if the competitor discovers the trade secret by means of ________.

A)copyrighting
B)cross-licensing
C)patenting
D)reverse engineering

Question 15

Which of the following statements is true of patenting a scientific principle?

A)Patent for a scientific principle has to be applied for directly at the U.S.Court of Appeals for the Federal Circuit.
B)A scientific principle can only be patented once a universal consensus has been reached on its validity.
C)Patent for a scientific principle has to be applied for at the U.S.Patent and Trademark Office.
D)A scientific principle can only be patented if it is a part of the tangible environment.

Question 16

What federal statute was enacted by the U.S.Congress to protect trade secrets?

A)the Sarbanes-Oxley Act
B)the Lanham Act
C)the Telecommunication Act
D)the Economic Espionage Act

Question 17

Give an account of the Economic Espionage Act (EEA)and its importance in combating cyber piracy.

Question 18

A ________ is a product formula,pattern,design,compilation of data,customer list,or other covert business information.

A)copyright
B)trade secret
C)trademark
D)patent

Question 19

What is a patent number?

A)a number assigned to a patent when it comes under investigation
B)a number assigned to a patent when the patent is pending
C)a number assigned to a patent during application
D)a number assigned to a patent once the patent is granted

Question 20

A closely guarded formula for a recipe protected by a soft drink manufacturer is a ________.

A)trade secret
B)copyright
C)patent
D)trademark

Question 21

In the United States,the first person to invent an item or a process is given patent protection over a later inventor who was first to file a patent application.

Question 22

By permitting pre-issuance and post-grant challenges within the U.S.Patent and Trademark Office (PTO),the law attempts to have disputes resolved within the PTO before reaching the litigation stage.

Question 23

If an invention is obvious,then it does not qualify for a patent.

Question 24

Which of the following is an accurate statement regarding the Berne Convention,an international copyright treaty?

A)The treaty eliminates the need to place the copyright symbol or the word "copyright" on a copyrighted work.
B)The treaty makes it mandatory to place the copyright symbol on all copyrighted works.
C)The treaty stipulates the time period a copyright can be retained by the copyright holder before it enters the public domain.
D)The treaty sets the rules for how copyright can be dealt with when sharing copyrighted work between governments.

Question 25

Utility patents for inventions are valid for 20 years.

Question 26

A(n)________ is a patent that protects the functionality of an invention.

Question 27

Which of the following is copyrightable?

A)a building
B)a business method
C)a musical composition
D)a product logo

Question 28

A utility patent is a patent that may be obtained for the ornamental nonfunctional design of an item.

Question 29

Which of the following is true of a patent application?

A)A patent application can be moved to the top of the list of other patents for review by the U.S.Patent and Trademark Office if the inventor pays $25,000.
B)The U.S.Patent and Trademark Office must make a decision whether to grant a patent within a year from the date of filing a patent application.
C)An inventor may file a provisional application with the U.S.Patent and Trademark Office and get a maximum of five days to prepare and file a final and complete patent application.
D)The U.S.Patent and Trademark Office can grant priority to patent applications for products that are important to the national economy.

Question 30

Which of the following types of patents is valid for only 14 years?

A)a design patent
B)a utility patent
C)a process patent
D)a business method patent

Question 31

What are the requirements for obtaining a patent?

Question 32

The patent term begins to run from the date the patent is issued.

Question 33

A patent can only be claimed for a limited amount of time.

Question 34

A ________ is a legal right that gives the author of qualifying subject matter the exclusive right to publish,produce,sell,license,and distribute the work.

A)patent
B)copyright
C)trademark
D)trade secret

Question 35

Utility patents for inventions are valid for the whole of the inventor's life and 70 years after that.

Question 36

Applications for patents must be filed with the ________.

Question 37

The U.S.Patent and Trademark Office (PTO)grants approximately how many patents each year?

A)250,000
B)500,000
C)675,000
D)775,000

Question 38

Improvements to existing machines,processes,or compositions of matter cannot be patented.

Question 39

The ________ is a special federal appeals court that hears appeals from the Board of Patent Appeals and Interferences of the U.S.Patent and Trademark Office and federal courts concerning patent issues.

Question 40

Under patent law,it is acceptable to patent tax strategies.

Question 41

The fair use doctrine allows certain limited unauthorized use of copyrighted materials.

Question 42

In 1997,Congress enacted the ________ Act,a federal statute that criminalizes certain copyright infringement.

Question 43

What happens to the ownership of a copyrighted work after the copyright period expires?

A)A non-copyright holder can use the work,but he or she must first purchase the rights to the work.
B)The work enters the public domain and can be used for free.
C)The copyright can be renewed for a fee by the original creator of the work.
D)The government takes over ownership of the work and provides public access for a fee.

Question 44

The No Electronic Theft Act (NET Act)can be invoked for copyright infringements that do not involve financial gain.

Question 45

Uploading copyrighted material to an unauthorized website by a non-copyright holder would constitute copyright infringement under the ________.

A)Digital Millennium Copyright Act
B)Berne Convention
C)No Electronic Theft Act
D)Copyright Term Extension Act

Question 46

In the context of copyrighted material,which of the following statements accurately describes the fair use doctrine?

A)It stipulates the time period for which a copyright holder can retain his copyright.
B)It guides the U.S.Copyright Office in determining what works are copyrightable.
C)It permits the use of copyrighted material by someone other than the copyright holder for a statutorily-prescribed fee.
D)It permits certain limited use of copyrighted material by someone other than the copyright holder without the permission of the copyright holder.

Question 47

Which of the following types of intellectual property is protected by the Lanham Act?

A)a trade secret
B)a trademark
C)a copyright
D)a patent

Question 48

In terms of copyright law,the use of copyrighted material in a satire or parody exemplifies ________.

A)the piracy problem
B)copyright sharing
C)the fair use doctrine
D)copyright infringement

Question 49

Explain the process of copyright registration.

Question 50

The ________ doctrine allows for certain limited unauthorized use of copyrighted materials.

Question 51

What is the period of copyright protection provided for individuals under the Copyright Term Extension Act of 1998?

A)Individuals are granted 20 years of copyright protection,after which it has to be renewed for a fee.
B)Individuals are granted copyright protection for their lifetime plus 70 years.
C)Individuals are granted 95 years copyright protection from the year of first publication of the work.
D)Individuals are granted 120 years copyright protection from the year of creation of the work.

Question 52

The trademark symbol TM is used to indicate a registered mark.

Question 53

Copyright registration permits a holder to obtain statutory damages for copyright infringement,which may be greater than actual damages,and attorney's fees.

Question 54

In terms of the unauthorized use of copyrighted materials,the fair use doctrine does not allow reproduction of a work in a legislative or judicial proceeding.

Question 55

John Crichton applied for a trademark logo at the U.S.Patent and Trademark Office for his new startup company,stating that he would use the logo in commerce within the next six months.After six months,he had not yet used the logo.Which of the following options does trademark law allow John Crichton so that he can retain his logo until he uses it in commerce?

A)Pay a fine so that the trademark gets registered immediately.
B)Change the logo slightly and reapply for the modified logo.
C)Cancel the current application and re-apply for the same logo.
D)Apply for a six-month extension to use the logo in commerce.

Question 56

A ________ is any trade name,symbol,word,logo,design,or device used to identify and distinguish goods of a manufacturer or seller or services of a provider from those of other manufacturers,sellers,or providers.

A)trade secret
B)patent
C)trademark
D)copyright

Question 57

How is a copyright different from a patent?

A)Federal law applies to a copyright,while individual state law applies to a patent.
B)A copyright,not a patent,must be novel and useful.
C)A copyright protects an invention,while a patent protects a tangible writing.
D)The period of protection for a copyright is longer than the period of protection for a patent.

Question 58

"Just Do It" is a famous tagline used by the Nike Corporation.Which of the following types of intellectual property would this tagline come under?

A)trademark
B)patent
C)trade secret
D)copyright

Question 59

After the copyright period runs out,the work enters the public domain.

Question 60

Which of the following constitutes copyright infringement?

A)the use of several clips from a copyrighted movie in a documentary
B)the use of a brief quotation from a copyrighted work in a news report
C)the use of copyrighted material in a spoof or satire
D)reproduction by a teacher or student of a small part of a copyrighted work to illustrate a lesson

Question 61

Distinctive marks are ordinary words or symbols that have an established meaning but have acquired a secondary meaning attached to a product or service.

Question 62

A party that does not register its brand name has no legal right over it.

Question 63

The trademark symbol SM is used to indicate a mark associated with a product.

Question 64

A(n)________ mark confirms that a seller of a product or service has met certain geographical location requirements,quality standards,material standards,or mode of manufacturing standards established by the owner of the mark.

Question 65

A service mark is used to distinguish the product of the holder from those of its competitors.

Question 66

________ is a type of trademark dilution where a famous mark is linked to products of inferior quality or is portrayed in an unflattering,immoral,or reprehensible context likely to evoke negative beliefs about the mark's owner.

A)Tarnishment
B)Blurring
C)Astroturfing
D)Trolling

Question 67

A certification mark is usually owned by a for-profit corporation.

Question 68

________ is a type of trademark dilution where a party uses another party's famous mark to designate a product or service in another market so that the unique significance of the famous mark is weakened.

Question 69

A(n)________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.

A)private brand
B)service mark
C)obsequious work
D)generic name

Question 70

The trademark symbols TM and SM can be used with marks that have not been registered.

Question 71

A mark that indicates that a person has met the standards set by an organization and is a member of that organization is known as a(n)________ mark.

Question 72

In 1946,Congress enacted the ________ Act to provide federal protection to trademarks,service marks,and other marks.

Question 73

In a dilution lawsuit,the plaintiff must show proof of actual harm in order to win the lawsuit.

Question 74

When is a mark said to have acquired a secondary meaning?

A)when a mark that resembles a mark already registered with the U.S.Patent and Trademark Office is used for a new product or service
B)when ordinary words establish a new meaning due to its attachment to a product or service
C)when a distinctive mark or design is created for a new product or service
D)when descriptive words are used that have no direct relevance to a product or service

Question 75

A company slogan is an example of a trademark.

Question 76

A trademark is issued if the registrant proves he has used the mark in commerce.

Question 77

Ordinary words or symbols that have taken on a secondary meaning can qualify as marks.

Question 78

A(n)________ is a distinctive mark,symbol,name,word,motto,or device that identifies the goods of a particular business.

Question 79

Once a trademark becomes a ________,the term loses its protection under federal trademark law.

Question 80

Trademarks that have become generic names are protected under federal trademark law.