Question 1

A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.

Accepted Answer

A)  copyright 
B)  trademark 
C)  patent 
D)  company policy 
E)  trade secret

Question 2

Under patent law even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year rule).

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is the first step in protecting trade secrets?

Accepted Answer

A)  A business must assert its property by preserving secrecy. 
B)  A business should decide who can visit the business and what areas can be seen by them. 
C)  A business must establish the existence of a trade secret as it is critical in controlling valuable knowledge resources. 
D)  A business must identify confidential knowledge-based resources by conducting a trade secret audit. 
E)  A business must enforce visitors, suppliers, and customers to sign a non-disclosure agreement.

Question 4

Copyright deals with original invention, like patents.

Accepted Answer

A) True 
 B)False

Question 5

As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ________ which gives existing mark owners notice and allows for objection.

Accepted Answer

A)  Official Gazette 
B)  Federal Register 
C)  Legal section of major newspapers 
D)  Congressional Record 
E)  Principal Register

Question 6

The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is true of the Digital Millenium Copyright Act?

Accepted Answer

A)  It protects a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services. 
B)  It provides a remedy of statutory damages and transfer of a famous trademark domain name to its owner if it was registered in "bad faith." 
C)  It prevents circumvention of access protections for such products. 
D)  It prohibits you from using a mark the same as or similar to another's "famous" trademark so as to dilute its significance, reputation, and goodwill. 
E)  It specifies that a fair use of copyrighted materials is not an infringement of the owner's property.

Question 8

Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is a defense to a charge of trademark infringement?

Accepted Answer

A)  The statutory period protecting the trademark has expired. 
B)  There is a good chance of the public being confused. 
C)  The use is for commercial, profitable use. 
D)  The mark is not distinctive. 
E)  The mark or symbol is considerably different.

Question 10

How does the PTO determine that the proposed trademark is not similar to or owned by someone else?

Accepted Answer

The answer of How does the PTO determine that the...

Question 11

The payment of a fee in connection with permission to use protected copyrighted works is called a/an:

Accepted Answer

A)  royalty. 
B)  permission. 
C)  authorization. 
D)  reparation. 
E)  commission.

Question 12

Companies can be considered authors under copyright law.

Accepted Answer

A) True 
 B)False

Question 13

An injunction is an order by a judge either to do something or to refrain from doing something.

Accepted Answer

A) True 
 B)False

Question 14

Hillward Bakers have been using since their inception ten years ago, a blue HB logo with a baker's hat on the HB. Hobert Bakers, a newly opened bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but chooses to sue Hobert. Which of the following is true of this case?

Accepted Answer

A)  Hillward cannot sue Hobert since the log has not been registered as a trademark. 
B)  Hillward can sue Hobert since the logo has been used by Hillward and is associated with it. 
C)  Hobert can defend that Hillward created something that lacks utility, and cannot be trademarked. 
D)  Hobert can defend that Hillward created something that was very obvious. 
E)  Hillward cannot sue Hobert because logos cannot be patented or trademarked.

Question 15

Explain in brief, the issue surrounding the patenting of genes.

Accepted Answer

The answer of Explain in brief, the issue surrounding the...

Question 16

What defenses can a defendant use to win a trademark infringement lawsuit?

Accepted Answer

The answer of What defenses can a defendant use to...

Question 17

Which of the following is true of violation of trade secrets' rights?

Accepted Answer

A)  One must misappropriate another's information. 
B)  One must use another's information without permission. 
C)  Unauthorized use of another's information constitutes as a violation of trade secrets' rights. 
D)  Stealing another's intellectual property violates trade secrets' rights. 
E)  Buying and selling of trade secrets violates the law of trade secrets.

Question 18

If the protection of intellectual property rights did not exist, the pace of research and development (R&D) in business would likely be enhanced.

Accepted Answer

A) True 
 B)False

Question 19

When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____.

Accepted Answer

A)  infringed 
B)  copied 
C)  generic 
D)  distinctive 
E)  substituted

Question 20

It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.

Accepted Answer

The answer of It has been estimated that intangible assets...

Exam 11: Intellectual Property

A _____ is any form of knowledge or information that has economic value from not being generally known to, or readily ascertained by proper means by others and has been the subject of reasonable efforts by the owner to maintain secrecy.

Under patent law even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year rule).

Which of the following is the first step in protecting trade secrets?

Copyright deals with original invention, like patents.

As part of the trademark application process, the Patent and Trademark Office places a proposed mark in the ________ which gives existing mark owners notice and allows for objection.

The Digital Millennium Copyright Act holds Internet service providers liable for illegal copies that pass temporarily through their systems.

Which of the following is true of the Digital Millenium Copyright Act?

Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.

Which of the following is a defense to a charge of trademark infringement?

How does the PTO determine that the proposed trademark is not similar to or owned by someone else?

The payment of a fee in connection with permission to use protected copyrighted works is called a/an:

Companies can be considered authors under copyright law.

An injunction is an order by a judge either to do something or to refrain from doing something.

Explain in brief, the issue surrounding the patenting of genes.

What defenses can a defendant use to win a trademark infringement lawsuit?

Which of the following is true of violation of trade secrets' rights?

If the protection of intellectual property rights did not exist, the pace of research and development (R&D) in business would likely be enhanced.

When the public is confused as to whether a term refers to a particular product/service or refers to a general class of products/services, the trademark is said to have become _____.

It has been estimated that intangible assets represents a significant portion of the total assets of many large U.S. companies. Name some of the different intangible assets that businesses might possess.