Chapter 8 Business Law

trade secret

(must be something that is protected) business processes or info which cannot and should not be patented, copyrighted, or trademarked

Works that are copyrightable include a. books. b. all of the choices. c. music videos. d.product packaging.

b. all of the choices.

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is a. a "fair use." b. copyright infringement. c. none of the choices. d. a legitimate creative act.

b. copyright infringement.

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely a. trademark infringement. b. patent infringement. c. copyright infringement. d. none of the choices.

b. patent infringement.

Information that may be protected as trade secrets includes a. customer lists. b. pricing information. c. all of the choices. d. marketing techniques.

c. all of the choices

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is a. enforceable only if Stig places a circled "c" on the work. b. available only on registration with the U.S. Copyright Office. c. automatic. d. not possible.

c. automatic.

trade secrets can include

customer lists, plans, research, formulas, pricing information, marketing techniques, anything that pertains to how you conduct your business

O-Ring Corporation allows Piston Company to incorporate O-Ring's patented fuel-injection system into Piston's product. This is a. copyright infringement. b. trademark infringement. c. patent infringement. d. a license.

d. a license.

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely a. patent infringement. b. copyright infringement. c. trademark infringement. d. a theft of trade secrets.

d. a theft of trade secrets

protection for patents

design phase is protected for 14 years, product itself is protected for 20 years

(t/f) Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret.

false

(t/f) Pricing information is not a trade secret.

false

(t/f) Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets

false

(t/f) The registration of a copyright is not evidence that the copyright is valid

false

copyrights

intangible property right granted by the Federal Government to the creator of a literary, artistic, newsworthy, or academic work

what is patentable

laws of nature, natural phenomenon, abstract ideas

patents

protect tangible things or processes

trade dress

the image and overall appearance of a product or business; same protection as Trademarks but has no time limit (doesn't have to be registered)

(t/f) A patent applicant must demonstrate that an invention is useful to receive a patent.

true

(t/f) Certain business processes are patentable.

true

(t/f) Intellectual property is property resulting from intellectual, creative processes.

true

(t/f) Some business processes can be protected as trade secrets.

true

(t/f) The need to protect intellectual property is recognized in the U.S. Constitution.

true

(t/f) To obtain copyright protection under federal law, a work must be original.

true

fair use exception of copyrights

you may briefly copy from any copyrighted work for the purposes of criticism, comment, news, teaching, research

Trademark

a distinctive symbol which signifies a business or organization; renewable every 10 years

Serena invents a new, unique, long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is a. a patent. b. a copyright. c. a trade secret. d. a trademark.

a. a patent.

To be protected under the Copyright Act, a work must be a. original and fixed in a durable medium. b. none of the choices. c. a concept, principle, or discovery. d. an inseparable idea and expression.

a. original and fixed in a durable medium.

works created have automatic protection for the life of the creator plus ____ years

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