ACCT324 CH12
Criminal penalties for violating the No Electronic Theft Act include fines of up to: ________.
$250,000
Under the DMCA, if someone's computer is found to have illegally copyrighted materials on it, the copyright holder can sue the owner to recover damages and costs. Even if there is no proof of actual damages, statutory damages of up to ______ may be awarded or up to ______ for willful infringement.
$30,000; $150,000
Under the DMCA in cases of infringement for commercial advantage or private financial gain, the government may seek criminal penalties of fines up to ______ and imprisonment for up to ______ years for a first offense.
$500,000; 5
Criminal penalties for violating the No Electronic Theft Act include imprisonment for up to: _______.
5 years
Which organization developed the Universal Copyright Convention?
The United Nations
Which of the following constitutes trade dress?
The overall appearance of a product
A ______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.
trade secret
A(n) ______ is a distinctive mark, work, design, picture, or arrangement.
trademark
In what decade was the Agreement on Trade-Related Aspects of Intellectual Property Rights signed?
1990's ('94)
During which decade did the United States Congress pass the Federal Trademark Dilution Act?
1990's ('95)
In which year was the No Electronic Theft Act established?
1997
During what decade did the United States Congress pass the America Invents Act?
2010's (2011)
Which of the following is not a main provision of the Digital Millennium Copyright Act? a. A provision that outlaws the manufacture, sale, or distribution of encryption-breaking devices that can be used to illegally copy software b. A provision that phases out public availability and use of digital video recording technology c. A provision that requires webcasters to pay licensing fees to record companies d. A provision that makes it illegal to circumvent the encryption and other antipiracy technology that protects commercial software
A provision that phases out public availability and use of digital video recording technology
Which of the following must a plaintiff prove to enjoin a competitor from continuing to use a trade secret?
The defendant acquired the trade secret through unlawful means.
In the context of patent infringement cases, in which of the following situations is the plaintiff likely to lose the patent?
The infringer presents an invalidating prior art. The alleged infringer may prove that the USPTO should not have issued the patent in the first place because the ideas in the patent were already in existence before the patent application was filed. The infringer may attempt to challenge a patent by asking the USPTO to "reexamine" the patent.
Which of the following factors does the Copyright Act require that a court weigh in determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement?
The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. The effect of the use on the potential market for or value of the copyrighted work. The purpose and character of the use
In patent litigation, what procedural step occurs immediately after the initial pleadings are filed?
The patent holder files patent infringement contentions.
In patent litigation, what is the next step after the patent holder files patent infringement contentions?
The patent holder provides copies of all documents relating to the conception of the patent.
Which of the following protects a product, process, invention, machine, or plant produced by asexual reproduction?
a patent
Trade dress, the overall appearance and image of a product, is entitled to the same legal protection as
a trademark
Unlike the Berne Convention, the Universal Copyright Convention ______.
allows members to establish formalities for protection
To obtain a patent, the inventor generally contacts an attorney licensed to practice: _______.
before the United States Patent and Trademark Office
Which of the following is a correct statement regarding the legality of cross-licensing and tying arrangements?
both are illegal
A mark licensed by a group that has established certain criteria for use of the mark is known as a(n) ______ mark.
certification
A mark identifying the producers as belonging to a larger group, such as a trade union, is known as a(n) ______ mark.
collective
When an inventor contacts an attorney to obtain a patent the first thing the attorney does is ______.
conduct a patent search
A trademark, when used with a product, helps ______ identify the product with the ______.
consumers, producer
A(n) ______ work reproduced with the appropriate notice affixed is protected for the life of its creator plus seventy years.
copyrighted
______ protect the expression of creative ideas.
copyrights
______-licensing occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.
cross
Trademark ______ requires that a mark be famous.
dilution
A trademark is a _______ that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.
distinctive mark, word, design, picture, or arrangement
The ______ doctrine provides that others may reproduce a portion of a copyrighted work for purposes of criticism, comment, news reporting, teaching, scholarship, and research.
fair use
Which judicial body has jurisdiction over a patent infringement suit?
federal court
Identify the characteristics a work should have to be copyrightable.
fixed original creative
In which of the following situations does the invention protection under the trade-secret law no longer apply?
if someone discovers the secret legally
The Paris Convention's members have agreed to protect ______ rights, such as inventions and trademarks.
industrial
In a patent ______ case, if the alleged wrongdoer proves that the United States Patent and Trademark Office should not have issued the patent in the first place, the court may deem the patent invalid.
infringement
Trademark ______ requires a showing of consumer confusion.
infringement
Which of the following is a legal remedy available to the owner of a registered mark if an infringer illegally uses the mark to pass off goods as being those of the mark owner?
injunction
Which of the following statements is correct regarding the legality of a tying arrangement?
it is illegal
Which of the following is not a basic principle of the Paris Convention of 1883? National treatment Local treatment Common rules The right of priority
local treatment
The laws of intellectual property protect property that is primarily the result of _____ creativity rather than ______ effort.
mental; physical
For patent protection to be granted, the object of the patent must be ______, or new.
novel
How many nations are signatories to the Agreement on Trade-Related Aspects of Intellectual Property Rights?
over 100
Which of the following is a type of trade secret?
process product method of operation compilation of information
Which of the following is a mark affixed to a good, its packaging, or its labeling?
product trademark
If a mark is ______, the holder of the mark may recover damages from an infringer who uses it to pass off goods as being those of the mark owner.
registered
Once a mark has been _______, the registration must be renewed every ______ years.
registered; 10
In determining whether the fair use doctrine provides a valid defense to a claim of copyright infringement, Section 107 of the Copyright Act requires that a court weigh all of the following factors except the: _______. a. nature of the copyrighted work b. renewability of the subject copyright c. amount and substantiality of the portion used in relation to the copyrighted work as a whole d. purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
renewability of the subject copyright
Competitors may discover a trade secret by any lawful means, such as by doing ______ engineering.
reverse
Which of the following is a mark used in conjunction with a service?
service mark
According to judicial interpretation of the Federal Trademark Dilution Act, marks need not be identical, only
similar
A mark that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods is known as which kind of mark?
suggestive
The treaties that ensure international protection for patents and copyrights are generally administered by ______.
the World Intellectual Property Organization
What is the duration of protection for a copyrighted work?
the life of its creator plus 70 years
Which of the following principles under the Paris Convention of 1883 allows a national of a member state 12 months after filing in his or her home nation to file an application in any other member state and have the date of application be the date of the filing in the home nation?
the right of priority
Which of the following is not a criterion that must be satisfied before a patent can be granted? The subject of the patent must be patentable.Incorrect The subject of the patent must be fixed. The object of the patent must be useful. The object of the patent must be novel. The object of the patent must be nonobvious.
the subject must be fixed
Eugene received a patent that was issued for an object he invented. How long does Eugene have the exclusive right to produce, sell, and use the object of the patent from the date of application?
twenty years
A(n) ______ arrangement occurs when a holder issues a license to use a patented object only if the licensee agrees to buy some nonpatented product from the holder.
tying
In the context of international copyright law, what does "UCC" mean?
Universal Copyright Convention
According to the _______ Convention of 1886, the _________ protection principle requires that protection not be conditioned on the use of formalities.
Berne, nonconditional
Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good housekeeping Seal of Approval"?
Certification mark
Which of the following is a form of intellectual property?
Copyrights Patents Trademarks Trade secret protection
Which of the following conventions specifically protects industrial rights and restricts unfair competition?
The Paris Convention of 1883
What is the effect of actual confusion when trademark infringement is alleged?
It is not a prerequisite for the plaintiff to recover but it is a strong indication that there is a likelihood of confusion.
In the context of the Berne Convention of 1886, which of the following provisions are made under the national treatment principle?
It requires that each member nation protect artists of all signatory nations equally.
Under the _______ Act, a mark might be used without permission on completely unrelated goods, potentially diminishing the value of the mark.
Lanham
What is the primary international protection for intellectual property?
Multilateral conventions
Which of the following is a lawful means to discover a trade secret?
Observing its use on a public plant tour
When can an inventor bring a patent infringement suit in a federal court against anyone who uses, sells, or manufactures the patented invention?
Once the patent has been issued
Which of the following is a correct statement regarding the renewability of patent protection?
Patent protection is nonrenewable.
Which of the following is a correct statement regarding the duration of patent protection of an object?
Patent protection lasts for twenty years from the date of patent application.
What is the duration of trade secret protection?
Potentially in perpetuity
Which of the following treaties was open to signatories of the Paris Convention and contains a provision for making a patent application filed in any member state an international application as effective as individually filed applications in all member states?
The Patent Cooperation Treaty of 1970
Which of the following is the most accurate statement regarding the United Nations' development of the Universal Copyright Convention?
The United Nations developed the Universal Copyright Convention as an alternative to the Berne Convention.
Which of the following is a correct statement regarding the No Electronic Theft Act?
The Act makes it illegal to infringe a copyright for financial gain, as well as reproduce or distribute a copyright for no financial gain.
What law, passed by the United States Congress in 2011, changed the United States patent system in several important ways?
The America Invents Act
Which statement is accurate regarding whether the shape of a product or package may be a trademark?
The shape of a product or package may be a trademark if it is nonfunctional.
Identify an element a party must prove to succeed on a claim of trade-dress infringement.
The trade dress is primarily nonfunctional. The trade dress is inherently distinctive or has acquired a secondary meaning The alleged infringement causes a likelihood of confusion
Which of the following is required for trade secret protection by common law?
The trade secret must consist of elements not generally known in the trade.
Which of the following is a correct statement regarding trademark dilution laws?
Trademark dilution laws prohibit the use of distinctive or famous trademarks, even without a showing of consumer confusion.
