Ch.6 Terms and Review

Economic Espionage Act (EEA) of 1996

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Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008

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A ____________ is a form of protection for intellectual property that does not require any disclosures or the filing of an application A. copyright B. patent C. trade secret D. trademark

patent

A grant of a property right issued by the U.S. Patent and Trademark Office to an inventory; permits its owner to exclude the public from making, using, or selling a protected invention, and allows for legal action against violators

fair use doctrine

A legal doctrine that allows portions of copyrighted material to be used without permission under certain circumstances. Title 17, section 107, of the U.S. Code established the following four factors that courts should consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty: (1) the purpose and character of the use (such as commercial use or nonprofit, educational purposes); (2) the nature of the copyrighted work; (3) the portion of the copyrighted work used in relation to the work as a whole; and (4) the effect of the use on the value of the copyrighted work.

trademark

A logo, package design, phrase, sound, or word that enables a consumer to differentiate one company's products from another's

cybersquatter

A person or company that registers domain names for famous trademarks or company names t which they have no connection, with the hope that the trademark's owner will buy the domain name for a large sum of money.

copyright infringement

A violation of the rights secured by the owner of a copyright; occurs when someone copies a substantial and material part of another's copyrighted work without permission

patent infringement

A violation of the rights secured by the owner of a patent; occurs when someone makes unauthorized use of another's patent.

trademark

A(n) __________ is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company's products from another's.

True

Almost all the data needed for competitive intelligence can be collected either through carefully examining published information or through interviews. True or False?

Leahy-Smith America Invents Act

An act that changed the U.S. patent system so that the first person to file with the U.S. Patent and Trademark Office will receive the patent, not necessarily the person who actually invented the item first

Digital Millennium Copyright Act (DMCA)

An act that implements two WIPO treaties in the United States. It also makes it illegal to circumvent a technical protection or develop and provide tools that allow others to access a technologically protected work. It also limits the liability of online service providers for copyright infringement by their subscribers or customers

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

An agreement of the World Trade Organization that requires member governments to ensure that intellectual property right s can be enforced under their laws and that penalties for infringement are tough enough to deter further violations.

open source code

Any program whose source code is made available for use or modification, as users or other developers see fit

prior art

As part of the patent application, the USPTO searches the existing body of knowledge that is available to a person of ordinary skill in the art. This existing body of knowledge is also called __________.

patent

Copyright law protects authored works; __________ law protect inventions.

cross-licensing

Many large software companies have _________ agreements with each other in which each agrees not to sue the other over patent infringement

False

Plagiarism is an issue only in academia. True or False?

True

Software can be protected under copyright law, but it can also be patented. True or False?

noncompete agreement

Terms of an employment contract that prohibit an employee form working for any competitors for a specified period of time, often one to two years.

nondisclosure clause

Terms of an employment contract that prohibit an employee from revealing secret

Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement

The WTO developed the ____________, which established minimum levels of protection that each government must provide to the intellectual property of all WTO members.

fair use

The ___________ doctrine established four factors for courts to consider when deciding whether a particular use of copyrighted property is fair and can be allowed without penalty.

plagiarism

The act of stealing someone's ideas or words and passing them off as one's own

A

The courts may award up to triple damages for which of the following? A. patent infringement B. copyright infringement C. trademark infringement D. theft of trade secrets

copyright

The exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work; granted to creators of original work of authorship

prior art

The existing body of knowledge that is available to a person of ordinary skill in the art

cybersquatting

The main tactic used to circumvent ______________ is to register numerous domain name variations as soon as an organization thinks it might want to develop a Web presence.

reverse engineering

The process of taking apart in order to understand it, build a copy of it, or improve it is called _____________.

reverse engineering

The process of taking something apart in order to understand it, build a copy of it, or improve it.

industrial espionage

The use of illegal means to obtain business information not available to the general public

Digital Millennium Copyright Act

Title II of the _________ amends the Copyright Act by adding a new section that enables a Web site operator that allows user to post content on its Web site to avoid copyright infringement if certain "safe harbor" provisions are followed.

False

Two software manufacturers develop separate but nearly identical programs for playing an online game. Even though the second manufacturer can establish that it developed the program on its own, without knowledge of the existing program, that manufacturer could be found guilty of copyright infringement. True or False?

D. all of the above

Which of the following is an example of intellectual property? A. a work of art B. a computer program C. a trade secret of an organization D. all of the above

intellectual property

Works of the mind- such as art, books, films, formulas, inventions, music, and processes - that are distinct, and owned or created by a single person or group. Intellectual property is protected through copyright, patent, trade secret, and trademark laws