MSU LAW 231 Chapter 8

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

patent

The first sale doctrine:

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

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 trademarks are in the correct order, from highest protection to lowest protection?

fanciful, arbitrary, suggestive, descriptive, generic

The holder of a utility patent may protect their rights for:

20 years from the date they apply for the patent.

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

Anti-Counterfeiting Trade Agreement

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

Berne Convention.

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:

Wordsample's copyright rights.

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

if unregistered, as long as it is in use

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

trademark.

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

a trade secret

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

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

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.

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

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.

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

patent protection

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic 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 but knows she will have to reveal her formula to obtain a patent, otherwise she would have to keep it a trade secret. If Monica decides to apply for and receives a patent on the cleaning solution:

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

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. 1. What do you think you should do to make sure only you can profit from your work? 2. How long do you think the protection for your book will last?

1. Nothing; copyright protection happens automatically once the work is in tangible form. 2. as long as you live, plus seventy years

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.

A trade secret is typically information that contains _________ value. Research plans, pricing information, marketing methods, production techniques, and development ideas _____ possible examples of trade secrets. _______ copyright and trademark protection, protection of trade secrets _______ to both ideas and their expression.

commercial, are, Unlike, extends

In this case, the Jarvinens _____ discover the secret by improper means. Dalton ______ make reasonable efforts to keep his customer list secret. If Dalton sued the Jarvinens for violation of trade secret law, Dalton would likely be _______.

did, did, successful

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is:

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

Information ________ have to be registered or filed with a government agency in order to receive trade secret protection. A customer list ______ potentially be a trade secret.

does not, can

The use of Dalton's customer list by the Jarvinens likely _______ constitute a breach of duty owed to the other party. Therefore, the Jarvinens are probably ______ to Dalton for violation of trade secret law.

does not, not liable

Patentability requires the invention be:

novel, non-obvious, and useful.

The Lanham Act:

protects the rights of trademark holders.

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. Benita knows if she files a patent application, she would have to include a list of her ingredients. 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.

Dalton's customer list _______ confidential and _____ openly available to employees. Dalton ______ names of the tour group customers openly available to other customers and the public. The Jarvinens _______ break into Dalton's computer or lockbox in order to obtain the customer list. As a result, Dalton's customer list likely ______ a secret discovered by improper means.

was not, was, had, did not, was not