Law Chapter 12
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; five
Which of the following is a correct statement regarding the duration of protection for a copyrighted work?
A copyrighted work, reproduced with the appropriate notice affixed, is protected for the life of its creator plus seventy years.
Which of the following is not a main provision of the Digital Millennium Copyright Act?
A provision that makes it legal to circumvent the encryption and other antipiracy technology that protects commercial software
Which of the following is not a main provision of the Digital Millennium Copyright Act?
A provision that phases out public availability and use of digital video recording technology
Which of the following is a correct statement regarding the renewability of marks?
A registered mark is renewable
According to the _______ Convention of 1886, the common rules principle establishes minimum standards for granting ______ that all nations must meet.
Berne & copyrights
The primary way the Universal Copyright Convention (UCC) differs from the _______ Convention is that the UCC allows members to establish ______ for protection and make ______ to common rules as long as they are not inconsistent with the essence of the treaty. (Check ALL that apply)
Berne & formalities & exceptions
According to the _______ Convention of 1886, the ______ protection principle requires that protection not be conditioned on the use of formalities.
Blank 1: Berne Blank 2: non-conditional
According to the_____Convention of 1886, the _______ protection principle requires that protection not be conditioned on the use of formalities.
Blank 1: Berne Blank 2: non-conditional
The America _____ Act makes it easier for _______ businesses and sole _______ to apply for patents.
Blank 1: Invents Blank 2: small Blank 3: entrepreneurs
Which of the following is a correct statement regarding the legality of cross-licensing and tying arrangements?
Both cross-licensing and tying arrangements are illegal.
The _______ Convention of 1883 includes the right of ______, which allows a national of a member state 12 months after filing in 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.
Paris & priority
The _______ Convention restricts ______ competition.
Paris & unfair
The _______ Cooperation Treaty of 1970 was open to signatories of the ______ Convention.
Patent & Paris
The _______ Cooperation Treaty of 1970 contains a provision for making a patent application filed in any member state a(n) __________ application, as effective as individually filed applications in all member states.
Patent & international
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.
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 organization developed the Universal Copyright Convention?
The United Nations
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 must a plaintiff prove to enjoin a competitor from continuing to use a trade secret?
The defendant used the trade secret without the plaintiff's permission.
Which of the following constitutes trade dress?
The overall appearance of a product
In patent litigation, what procedural step occurs immediately after the initial pleadings are filed?
The patent holder files patent infringement contentions.
In patent litigation, the parties identify all the terms in the patent that have ______ definitions and provide their proposed _______ of these terms. (Choose TWO correct answers)
definitions & special
Trademark ______ laws prohibit the use of distinctive or famous trademarks, even without a showing of consumer confusion.
dilution
The Federal Trademark _______ Act provides similar trademark protection compared to ______ trademark dilution laws. (Choose TWO correct answers)
dilution & state
Trademark dilution laws prohibit the use of ______ or ______ trademarks, such as McDonald's, even without a showing of consumer confusion. (Choose ALL that apply)
distinctive & distinction & famous
The term "trade ______" means the overall appearance and image of a product.
dress
Which of the following is not a form of intellectual property?
easements
To ______ a competitor from continuing to use a(n) _______, the plaintiff must prove that the trade secret actually existed, the defendant acquired it through unlawful means, and the defendant used the trade secret without the plaintiff's permission.
enjoin & trade secret
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
The No Electronic Theft Act is: _______.
federal law
The Paris Convention's members have agreed to protect ______ rights, such as inventions and trademarks.
industrial
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
A successful patent _______ action may result in a(n) ______ prohibiting further sale or use of the infringing product by the infringer and also an award of damages. (Choose TWO correct answers)
injunction & infringement
The primary international protection for ______ property is offered through _______ conventions.
intellectual & multilateral
Cross-_______ occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use her patent without the other's ______. (Choose TWO correct answers)
licensing & consent
Which of the following is not a basic principle of the Paris Convention of 1883?
local treatment
The laws of intellectual property protect property that is primarily the result of ______ creativity rather than _______ effort.
mental & physical
The Digital ______ _______ Act makes it illegal to circumvent the encryption and other anti-piracy technology that protects commercial software. (Choose TWO correct answers)
millennium & copyright
What is the primary international protection for intellectual property?
multilateral conventions
To succeed on a claim of ________ infringement, a party must prove the trade dress is primarily ______. (Choose TWO correct answers)
nonfunctional & trade dress
In order for patent protection to be granted, the object of the patent must be
nonobvious
For patent protection to be granted, the object of the patent must be ______, or new.
novel
In a patent _______ case, the court may deem the patent invalid if the alleged infringer shows that the patent holder sold a product that performed the patent more than ______ year(s) before the patent application was filed. (Choose TWO correct answers)
one & infringement
A(n) ______ protects a product, process, invention, machine, or plant produced by asexual reproduction.
patent
When a(n) ______ is issued for an object, it gives its holder the ______ right to produce, sell, and use the related object for twenty years from the date of application. (Choose TWO correct answers)
patent & exclusive
As part of the process for obtaining a(n) ______ the inventor's attorney performs a patent ______ to make sure no similar patent exists.(Choose TWO correct answers)
patent & search
What is the duration of trade secret protection?
potentially in perpetuity
In a patent infringement case, through the ______ process, a party presents what it argues is invalidating _______, and the USPTO then considers whether the patent should have in fact been issued. (Choose TWO correct answers)
prior art & reexamination
The fair use doctrine allows reproduction of a portion of a copyrighted work for all of the following purposes except
profit
Under the Lanham Act, ______ owners are protected from the unauthorized use of their marks on only competing goods or related goods, where the use might lead to consumer _______. (Choose TWO correct answers)
trademark & confusion
Under the _______ Act, a mark might be used without permission on completely ______ goods, potentially diminishing the value of the mark. (Choose TWO correct answers)
unrelated & Lanham
For ______ protection to be granted, its object must be _______, unless it is a design. (Choose TWO correct answers)
useful & patent
Criminal penalties for violating the No Electronic Theft Act include imprisonment for up to: _______.
5 years
Which judicial body has jurisdiction over a patent infringement suit?
Federal Court
In what year was the Patent Cooperation Treaty signed?
1970
During which decade did the United States Congress pass the Federal Trademark Dilution Act?
1990s
During which decade did the United States Congress pass the No Electronic Theft Act?
1990s
In what decade was the Agreement on Trade-Related Aspects of Intellectual Property Rights signed?
1990s
During what decade did the United States Congress pass the America Invents Act?
2010s
Which of the following statements is correct regarding the legality of a tying arrangement?
A tying arrangement is illegal.
Criminal penalties for violating the No ______ Act include fines of up to $250,000 and imprisonment for up to _______ years. (Choose TWO correct answers)
Electronic Theft & five (5)
______ property consists of the fruits of someone's _____.
Intellectual & Mind
Under the ______ Act, trademark owners are protected from the unauthorized use of their marks only on _______ goods or related goods.
Lanham & competing
Which of the following is a lawful means to discover a trade secret?
Observing its use on a public plant tour
How many nations are signatories to the Agreement on Trade-Related Aspects of Intellectual Property Rights?
Over 100
The _______ Convention's members have agreed to protect industrial rights, such as ______ and ______.
Paris & inventions & trademarks
Which of the following terms refers to the overall appearance and image of a product?
Trade dress
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.
In the context of international copyright law, what does "UCC" mean?
Universal Copyright Convention
Which of the following is not protected by a patent?
a bailment
Which of the following qualifies for trademark protection?
a distinctive word
Which of the following is not copyrightable?
a license
Which of the following protects a product, process, invention, machine, or plant produced by asexual reproduction?
a patent
Which of the following is required for trade secret protection by common law?
a trade secret must consist of elements not generally known in the trade
Which of the following is not a type of trade secret?
a trademark
Which of the following 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?
a tying arrangement
Which of the following is not copyrightable?
an easement
The Universal ______ Convention does not require signatory countries to protect _______ rights.
author's & Copyright
To obtain a patent, the inventor generally contacts an attorney licensed to practic: _______.
before the United States Patent and Trademark Office
According to the _______ Convention of 1886, the national ______ principle requires that each member nation protect artists of all signatory nations equally.
berne & treatment
To succeed on a claim of trade dress _______ a party must prove the alleged infringement creates a likelihood of ______. (Choose ALL that apply)
confusion & misunderstanding & infringement
A trademark, when used with a product, helps ______ identify the product with the ______.
consumers, producer
______ 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
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 & infringed
If a mark is _______, the holder of the mark may obtain a(n) ______ prohibiting the infringer from using the mark.
registered & injunction
Trade ______ laws can protect an invention _______.
secret & in perpetuity
According to judicial interpretation of the Federal Trademark Dilution Act, marks need not be identical, only _____.
similar
What is the duration of protection for a copyrighted work?
the life of its creator plus seventy years
In patent litigation, the defendant must file ______ contentions that explain why the ideas in the patent already existed in _______.
the public domain & invalidity
To succeed on a claim of _______ infringement, a party must prove the trade dress is inherently ______ or has acquired a(n) ______ meaning. (Choose ALL that apply)
trade dress & distinctive & secondary
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 protected by the common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements: _______.
trade secret & not generally known in the trade
Competitors may discover a ______ by any lawful means, such as by doing _______ or by going on a public plant tour and observing its use.
trade secret & reverse engineering
A(n) ______ is a distinctive mark, work, design, picture, or arrangement.
trademark