intellectual property
What is it called when real words are used in a way that has nothing to do with their real meaning?
arbitrary
What degree of trademark is closely related in that they are inherently distinctive and receive the highest degree of protection?
arbitrary or fanciful
In order to obtain a patent, the invention must:
be unique, be useful, be non-obvious, be disclosed, and be described so others can make it
What is a form of protection given to the creators of "original works of authorship"?
copyright
What is an intangible property right granted by federal statute to creator of a literary or artistic production of a specified type?
copyright
In general, it is illegal for anyone to do anything with a work created by you without your permission, but there are some exceptions and limitations to your rights as a __________________ _____________.
copyright holder
Copyright exists automatically upon _______________.
creation
What degree of trademark protection are not inherently distinctive and are not generally given trademark protection unless a secondary meaning due to the public association of the mark with the holder's product or service?
descriptive
Patents grant a right to ________ everyone in the United States from making, using, selling, offering for sale, and importing and the patented invention.
exclude
One major limitation of copyrights is the doctrine of?
fair use
What allows limited copying of copyrighted works for educational and research purposes?
fair use doctrine
What states that the exclusive rights of the copyright owner are not unlimited, and the copyright law establishes some limitations on these rights?
fair use doctrine
Generic names and marks are entitled to protection under trademark law. True or false?
false
What is it called when a trademark is made up of completely made up words?
fanciful
What degree of trademark protection describes an entire class of products, and they are not trademark protected?
generic
What are the four levels of trademark protection?
generic, descriptive, suggestive, arbitrary or fanciful
In addition to an award of damages, a successful copyright infringement plaintiff may also obtain an ________________ against further infringement by the defendant.
injunction
What are the remedies for patent infringement?
injunction and monetary damages
What do utility patents cover?
machines, process, articles of manufacture, new composition of matter
If the information for a trade secret and someone (usually employee) steals it - they are said to have ___________________ a trade secret.
misappropriated
What are three ways to protect trade secrets/confidential information?
non-disclosure agreements, non-competes, employee education
What is another word for inventions?
patents
What is the act of illegally copying someone's product or invention without permission?
piracy
What is only the expression of an idea that can be copyrighted - not the idea itself? To be protected, a work must be "fixed in a durable medium" of expression.
protected expression
What types of damages set amounts the court can award without regard to the amount of damages which the copyright holder could prove he has suffered?
statutory
What degree of trademark protection automatically receives protection even when there is no secondary meaning if the term implies something without actually describing it? They are inherently distinctive and are given a high degree of protection.
suggestive
How long does trademark registration last?
ten years
What means information, including a formula, device, method, technique, or process, that derives independent economic value... from... not being readily ascertainable by proper means by, other people who can obtain economic value from its use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy?
trade secret
What can include customer lists, future business plans, research, formulae, pricing information, and marketing techniques?
trade secrets
What are the four main types of intellectual property?
trade secrets, trademarks, copyrights, patents
What distinguishes products/services from goods of other manufacturers and merchants, assures consumers that products come from a trusted/known source, and gives the producer comfort that it will reap financial reward?
trademark
What is a distinctive word, name, mark, motto or emblem that a manufacturer prints or otherwise affixes to the goods it produces or associates with service it provides?
trademark
The top 20 drugs in the United States accounted for $319.9 billion in sales in 2011. True or false?
true
What are the three different kinds of patents?
utility, design, and plant
In order to bring a suit for copyright infringement in a U.S. court, is it necessary for the author to have registered the work with the U.S. Copyright Office?
yes
Should you register your trademark with the USPTO?
yes
For copyrights, is protection automatic? Is registration required?
yes, no
What fraction of internet users have access to unlicensed material?
1/3
How long is a design patent?
14 years
How long is a utility patent?
20 years
In exchange for disclosure of invention and telling the world how to make it (enablement), the owner of utility patent to whom the patent was assigned gets a monopoly for how long? (from the date patent application is filed to control manufacture, sale, or use of invention)
20 years
Works created after 1978 have automatic protection for life of the author, plus how many years?
70
What strikes a bargain between inventors and the public?
US patent system
