ent chapter 7 (ch 9 ppt)

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6. The two parts to a patent application are specification, and . a. claims c. value b. percentage d. perception

A

18. The owner of the copyright may do all of the following except a. reproduce the work. c. perform the work publicly. b. sell the rights for a period of 200 years. d. display the work publicly.

B

19. Anyone who violates an author's exclusive rights under a copyright is liable for a. a prison term. b. infringement. c. a monetary payment equal to proven damages. d. two times annual sales.

B

5. There are two parts to a patent application, claims and . a. percentage c. value b. specification d. integration

B

9. That part of a patent application which identifies the features that are protected are known as the a. particular. c. identification. b. claim. d. essence.

B

10. That part of a patent application which identifies the features that are protected are known as the a. specification. c. claim. b. illustration. d. concept.

C

2. Design patent protection lasts for _____ years. a. 10 c. 14 b. 12 d. 20

C

20. For the author of creative material to obtain a copyright, the material must be in _____ form. a. nontangible c. tangible b. technical d. commercial

C

26. The form of legal protection that computer programs fall under is a. patents. c. copyrights. b. trademarks. d. service marks.

C

32. The registration of a trademark has a lifetime of a. 20 years plus a 5-year renewable period. c. 10 years plus a 10-year renewable period. b. 25 years. d. the lifetime of the author.

C

The patent process is not complex, and does not require careful planning.

F

10. Works created and copyrighted after January 1, 1978, are protected for the life of the author plus 70 years.

T

11. Anyone who violates an author's exclusive rights under a copyright is liable for infringement.

T

15. An example of a trademark is a logo.

T

Patents eventually expire.

T

22. The determination of fair use of copyrights is based on a. the effect of use on potential market. b. the time period involved. c. specific legal guidelines set forth by OSHA. d. the GAD doctrine.

A

27. Copyrights can be placed on all of the following except a. ideas. c. books. b. lectures. d. music.

A

28. A trademark is a distinctive _____ that is identified with a company's product. a. name c. TV ad b. billboard d. storefront sign

A

29. Which of the following is not a trademark? a. a sales price c. a symbol b. a logo d. a name

A

33. Which of the following is a way in which a trademark may be invalidated? a. cancellation proceeding b. a competitor's lawsuit c. consumer loss of interest d. once a trademark is established, no legal action can invalidate it

A

43. Which of the following are suggestions to minimize legal costs? a. visit the lawyer during normal hours b. have the lawyer custom design forms specifically for you c. always handle matters personally d. try to avoid hiring a lawyer if and until and emergency requires it

A

7. The text of a patent application is known as the a. specification. c. concept. b. particulars. d. value.

A

12. Because of the "fair use" doctrine, it is sometimes difficult to establish infringement.

T

13. Copyrights have to be registered with the Copyright Office.

T

14. A trademark is a distinctive name, mark, or symbol that is identified with a company's product.

T

25. Business owners normally prefer Chapter 7 bankruptcy over any other form of bankruptcy.

F

Design patents last for 20 years.

F

11. If an entrepreneur concludes that the innovation will withstand any legal challenge, a patent should be a. dropped. c. integrated. b. pursued. d. obfuscated

B

12. To effectively pursue a patent, experts recommend that the entrepreneur a. handle all matters personally. b. prepare a realistic budget for infringement. c. fill out a preprinted form obtained from a patent office. d. sue as quickly as possible.

B

3. Patents that are not design patents have _____ years of protection. a. l5 c. 22 b. 20 d. 25

B

16. Once issued, the trademark is listed in the Principal Register of the Patent and Trademark Office.

T

19. If infringement can be proven in court, an award may be given to the trademark holder.

T

21. The Bankruptcy Act was set up in order to provide assistance to both debtors and creditors.

T

23. Straight bankruptcy is often called liquidation.

T

9. A copyright provides exclusive rights to creative individuals for the protection of their artistic productions.

T

Entrepreneurs should be knowledgeable about certain legal concepts that affect their business venture.

T

The object of a patent is to provide the holder with a temporary monopoly on his or her innovation.

T

The two parts of a patent application are specification and claims.

T

21. Because of the doctrine, it is sometimes difficult to establish infringement. a. fair use c. freedom of information b. acquisition d. right to publish

A

36. When seeking to invalidate a trademark, if a third party challenges the mark's distinctiveness within 5 years of issuance, this is known as a. abandonment. c. cleaning-out procedure. b. cancellation proceedings. d. generic meaning.

B

40. The emerging body of law governing cyberspace is often referred to as a. netlaw. c. interlaw. b. cyberlaw. d. legal web.

B

45. A typical symptom of impending bankruptcy failure is when a. new competition exits the market. b. other firms seem to be selling products that are a generation ahead. c. retailers always seem to be understocked. d. the entrepreneur seeks to exit the market.

B

A patent is an intellectual property right.

T

37. When trying to invalidate a trademark, if a party seeks to prove that the trademark has not been used within six years of registration, this is known as a. abandonment. c. cleaning-out procedure. b. cancellation proceedings. d. generic meaning.

C

4. A patent gives the holder a temporary a. profit. c. monopoly. b. oligopoly. d. specification.

C

41. Which of the following is an indicator that an entrepreneur's business is failing? a. other firms selling advanced products b. retailer overstocked c. liquidation d. R&D budget proportionally less than competition

C

44. Which of the following fall under Chapter 7 bankruptcy? a. The debtor surrenders most property to a court trustee. b. The debtor fails to file income taxes. c. The debtor is relieved of obligations. d. The debtor is arrested.

C

17. The registration of a trademark is for 40 years.

F

18. Trademark registration and search is not costly.

F

24. Chapter 13 bankruptcy involves a reorganization of the enterprise.

F

Laws governing intellectual property rights include copyrights, trademarks, and leases.

F

23. Under copyright law, which of the following are the rights of the owner? a. the right to reproduce work b. the right to display the work of others c. the right to perform any work they choose d. the right to sell any work on the market as demand will bear

A

24. Works created after January 1, 1978, have a copyright for the life of the author plus a. 70 years. c. 14 years. b. 50 years. d. 10 months.

A

38. When a party seeks to invalidate a trademark by showing that it has not been used for two consecutive years, the party is making use of a legal approach known as a. abandonment. c. cleaning-out procedure. b. cancellation proceedings. d. generic meaning.

A

35. All of the following are ways of invalidating a trademark except a. cleaning-out proceedings. c. abandonment. b. clearing-out proceedings. d. generic meaning.

B

15. What percentage of issued patents is commercially valuable? a. a very small percentage c. 40 percent b. around 20 percent d. 75 percent

A

16. A person who loses an infringement battle in court may have to pay a. extra legal fees. b. damages of up to five times the actual amount. c. higher profits due to the infringement. d. the taxpayers back.

A

17. An infringement budget deals with a. legal battles. c. the outside molding of a building. b. government bribes. d. advertising expenditures.

A

1. Items that can qualify for patent protection include all of the following except a. machines. c. processes. b. products. d. ideas.

D

13. The specification section of a patent application should include all of the following except a. an introduction. c. a summary of invention. b. examples and/or experimental results. d. a budget for handling infringement.

D

25. Copyrights may be expressed in a. books. c. motion pictures. b. periodicals. d. all of the above.

D

30. Which of the following are not trademarks? a. symbols c. names b. mottos d. generic words

D

31. Which of the following is a useful rule used to avoid pitfalls in selecting a trademark? a. Trust a lawyer's judgment. b. Copy a competitor's trademark. c. Avoid abbreviations and acronyms. d. Never choose a trademark without first conducting a trademark search.

D

39. When a trademark becomes the name of a general group of products or services, the trademark protection may be lost because of a. abandonment. c. cleaning-out procedure. b. cancellation proceedings. d. generic meaning.

D

42. Which is not one of the major sections of the bankruptcy act? a. straight bankruptcy c. adjustments of debts b. reorganization d. liquidation

D

46. When considering bankruptcy, entrepreneurs as sole proprietors normally prefer a. Chapter 5. c. Chapter 11. b. Chapter 7. d. Chapter 13.

D

8. The text of a patent application is known as the a. presentable data. c. context. b. claim. d. specification.

D

22. Chapter 7, Chapter 9, and Chapter 11 are the most common forms of bankruptcy.

F

20. Every business at some point needs the services of an attorney.

T

34. The process of trademark registration is a. expensive. c. one that must be handled by a lawyer. b. impossible. d. inexpensive.

A

14. In order to obtain a patent, an application should be filed with a. the Office of Government Publications. b. the Patent and Trademark Office of the Department of Commerce. c. Government Accounting Office. d. the United States Patent Office.

B


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