BUS 204 Ch. 8 Intellectual Property Rights

You've spent the last eighteen months writing a how-to book for entrepreneurs who want to establish their own business. As you put the final editing touches on the book, you start thinking about how you can protect your book, and how you can make sure you receive the profit from it. What do you think you should do to make sure only you can profit from your work? How long do you think the protection for your book will last?

-Nothing; copyright protection happens automatically once the work is in tangible form. -as long as you live, plus seventy years

An author may expect to receive copyright protection for the life of the author plus:

70 years

Which of the following qualifies for protection under the first sale doctrine?

Lucia purchases a book and later resells it to her friend.

Direct infringement includes which of the following? Choose 3 answer choices.

1. Selling a patented invention without permission from the patent owner 2. Using a patented invention without permission of the patent owner 3. Making a patented invention without permission from the patent owner

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

Berne Convention.

A U.S. citizen who writes a book in the United States automatically has copyright protections in other signatory countries under which agreement?

The Berne Convention

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection?

fanciful, arbitrary, suggestive, descriptive, generic

A company which has used a trademark similar to another's trademark in a way that is likely to cause confusion among consumers has committed:

trademark infringement.

Which international agreement requires its member countries to establish border procedures for searching international shipments of goods?

Anti-Counterfeiting Trade Agreement

Which of the following types of intellectual property may only be owned by a business?

a trade secret

The first sale doctrine:

allows a person who owns a lawfully made copy of a copyrighted work to sell the copy.

The fair use doctrine applies to reproductions of copyrighted works for the purpose of: (Select 3 answers)

1. news reporting 2. criticism. 3. teaching and scholarship.

The TRIPS Agreement does which of the following? Choose 2 answer choices.

1. requires members of the WTO to have laws and remedies protecting intellectual property rights 2. establishes standards for protection of intellectual property

Patentability requires the invention be:

novel, non-obvious, and useful.

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection?

patent protection

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a:

trademark

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is to bring copyright laws into the digital age by regulating digital media copyright infringement. As with non-digital assets, an owner of copyrightable material:

does not need to include a (c) symbol on their digital work in order to be protected from reproduction.

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a:

copyright.

Which of the following types of intellectual property protection usually has a set term of 20 years?

patent

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:

the Digital Millennium Copyright Act.

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that:

Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:

committed copyright infringement because her actions are not permissible under the first sale doctrine.

A business will be able to protect its trademark for how long?

if unregistered, as long as it is in use

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic that they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money by selling her cleaning solution, but she does not want to give up her secret ingredient. If Monica applies for and receives a patent on the cleaning solution:

she must reveal the formula, but has the sole right to produce and sell it for twenty years.

Courts will consider all EXCEPT the following in determining whether the fair use doctrine applies:

the medium of the copyrighted work.

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a:

trade secret.