Law Chapter 12

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Criminal penalties for violating the No Electronic Theft Act include fines of up to: ________.

$250,000

Under the DMCA, if someone's computer is found to have illegally copyrighted materials on it, the copyright holder can sue the owner to recover damages and costs. Even if there is no proof of actual damages, statutory damages of up to ______ may be awarded or up to ______ for willful infringement.

$30,000; $150,000

Under the DMCA in cases of infringement for commercial advantage or private financial gain, the government may seek criminal penalties of fines up to ______ and imprisonment for up to ______ years for a first offense.

$500,000; five

Which of the following is a correct statement regarding the duration of protection for a copyrighted work?

A copyrighted work, reproduced with the appropriate notice affixed, is protected for the life of its creator plus seventy years.

Which of the following is not a main provision of the Digital Millennium Copyright Act?

A provision that makes it legal to circumvent the encryption and other antipiracy technology that protects commercial software

Which of the following is not a main provision of the Digital Millennium Copyright Act?

A provision that phases out public availability and use of digital video recording technology

Which of the following is a correct statement regarding the renewability of marks?

A registered mark is renewable

According to the _______ Convention of 1886, the common rules principle establishes minimum standards for granting ______ that all nations must meet.

Berne & copyrights

The primary way the Universal Copyright Convention (UCC) differs from the _______ Convention is that the UCC allows members to establish ______ for protection and make ______ to common rules as long as they are not inconsistent with the essence of the treaty. (Check ALL that apply)

Berne & formalities & exceptions

According to the _______ Convention of 1886, the ______ protection principle requires that protection not be conditioned on the use of formalities.

Blank 1: Berne Blank 2: non-conditional

According to the_____Convention of 1886, the _______ protection principle requires that protection not be conditioned on the use of formalities.

Blank 1: Berne Blank 2: non-conditional

The America _____ Act makes it easier for _______ businesses and sole _______ to apply for patents.

Blank 1: Invents Blank 2: small Blank 3: entrepreneurs

Which of the following is a correct statement regarding the legality of cross-licensing and tying arrangements?

Both cross-licensing and tying arrangements are illegal.

The _______ Convention of 1883 includes the right of ______, which allows a national of a member state 12 months after filing in her home nation to file an application in any other member state and have the date of application be the date of the filing in the home nation.

Paris & priority

The _______ Convention restricts ______ competition.

Paris & unfair

The _______ Cooperation Treaty of 1970 was open to signatories of the ______ Convention.

Patent & Paris

The _______ Cooperation Treaty of 1970 contains a provision for making a patent application filed in any member state a(n) __________ application, as effective as individually filed applications in all member states.

Patent & international

Which of the following is a correct statement regarding the duration of patent protection of an object?

Patent protection lasts for twenty years from the date of patent application.

Which of the following is a correct statement regarding the No Electronic Theft Act?

The Act makes it illegal to infringe a copyright for financial gain, as well as reproduce or distribute a copyright for no financial gain.

What law, passed by the United States Congress in 2011, changed the United States patent system in several important ways?

The America Invents Act

Which organization developed the Universal Copyright Convention?

The United Nations

Which of the following is the most accurate statement regarding the United Nations' development of the Universal Copyright Convention?

The United Nations developed the Universal Copyright Convention as an alternative to the Berne Convention.

Which of the following must a plaintiff prove to enjoin a competitor from continuing to use a trade secret?

The defendant used the trade secret without the plaintiff's permission.

Which of the following constitutes trade dress?

The overall appearance of a product

In patent litigation, what procedural step occurs immediately after the initial pleadings are filed?

The patent holder files patent infringement contentions.

In patent litigation, the parties identify all the terms in the patent that have ______ definitions and provide their proposed _______ of these terms. (Choose TWO correct answers)

definitions & special

Trademark ______ laws prohibit the use of distinctive or famous trademarks, even without a showing of consumer confusion.

dilution

The Federal Trademark _______ Act provides similar trademark protection compared to ______ trademark dilution laws. (Choose TWO correct answers)

dilution & state

Trademark dilution laws prohibit the use of ______ or ______ trademarks, such as McDonald's, even without a showing of consumer confusion. (Choose ALL that apply)

distinctive & distinction & famous

The term "trade ______" means the overall appearance and image of a product.

dress

Which of the following is not a form of intellectual property?

easements

To ______ a competitor from continuing to use a(n) _______, the plaintiff must prove that the trade secret actually existed, the defendant acquired it through unlawful means, and the defendant used the trade secret without the plaintiff's permission.

enjoin & trade secret

The ______ doctrine provides that others may reproduce a portion of a copyrighted work for purposes of criticism, comment, news reporting, teaching, scholarship, and research.

fair use

The No Electronic Theft Act is: _______.

federal law

The Paris Convention's members have agreed to protect ______ rights, such as inventions and trademarks.

industrial

Which of the following is a legal remedy available to the owner of a registered mark if an infringer illegally uses the mark to pass off goods as being those of the mark owner?

injunction

A successful patent _______ action may result in a(n) ______ prohibiting further sale or use of the infringing product by the infringer and also an award of damages. (Choose TWO correct answers)

injunction & infringement

The primary international protection for ______ property is offered through _______ conventions.

intellectual & multilateral

Cross-_______ occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use her patent without the other's ______. (Choose TWO correct answers)

licensing & consent

Which of the following is not a basic principle of the Paris Convention of 1883?

local treatment

The laws of intellectual property protect property that is primarily the result of ______ creativity rather than _______ effort.

mental & physical

The Digital ______ _______ Act makes it illegal to circumvent the encryption and other anti-piracy technology that protects commercial software. (Choose TWO correct answers)

millennium & copyright

What is the primary international protection for intellectual property?

multilateral conventions

To succeed on a claim of ________ infringement, a party must prove the trade dress is primarily ______. (Choose TWO correct answers)

nonfunctional & trade dress

In order for patent protection to be granted, the object of the patent must be

nonobvious

For patent protection to be granted, the object of the patent must be ______, or new.

novel

In a patent _______ case, the court may deem the patent invalid if the alleged infringer shows that the patent holder sold a product that performed the patent more than ______ year(s) before the patent application was filed. (Choose TWO correct answers)

one & infringement

A(n) ______ protects a product, process, invention, machine, or plant produced by asexual reproduction.

patent

When a(n) ______ is issued for an object, it gives its holder the ______ right to produce, sell, and use the related object for twenty years from the date of application. (Choose TWO correct answers)

patent & exclusive

As part of the process for obtaining a(n) ______ the inventor's attorney performs a patent ______ to make sure no similar patent exists.(Choose TWO correct answers)

patent & search

What is the duration of trade secret protection?

potentially in perpetuity

In a patent infringement case, through the ______ process, a party presents what it argues is invalidating _______, and the USPTO then considers whether the patent should have in fact been issued. (Choose TWO correct answers)

prior art & reexamination

The fair use doctrine allows reproduction of a portion of a copyrighted work for all of the following purposes except

profit

Under the Lanham Act, ______ owners are protected from the unauthorized use of their marks on only competing goods or related goods, where the use might lead to consumer _______. (Choose TWO correct answers)

trademark & confusion

Under the _______ Act, a mark might be used without permission on completely ______ goods, potentially diminishing the value of the mark. (Choose TWO correct answers)

unrelated & Lanham

For ______ protection to be granted, its object must be _______, unless it is a design. (Choose TWO correct answers)

useful & patent

Criminal penalties for violating the No Electronic Theft Act include imprisonment for up to: _______.

5 years

Which judicial body has jurisdiction over a patent infringement suit?

Federal Court

In what year was the Patent Cooperation Treaty signed?

1970

During which decade did the United States Congress pass the Federal Trademark Dilution Act?

1990s

During which decade did the United States Congress pass the No Electronic Theft Act?

1990s

In what decade was the Agreement on Trade-Related Aspects of Intellectual Property Rights signed?

1990s

During what decade did the United States Congress pass the America Invents Act?

2010s

Which of the following statements is correct regarding the legality of a tying arrangement?

A tying arrangement is illegal.

Criminal penalties for violating the No ______ Act include fines of up to $250,000 and imprisonment for up to _______ years. (Choose TWO correct answers)

Electronic Theft & five (5)

______ property consists of the fruits of someone's _____.

Intellectual & Mind

Under the ______ Act, trademark owners are protected from the unauthorized use of their marks only on _______ goods or related goods.

Lanham & competing

Which of the following is a lawful means to discover a trade secret?

Observing its use on a public plant tour

How many nations are signatories to the Agreement on Trade-Related Aspects of Intellectual Property Rights?

Over 100

The _______ Convention's members have agreed to protect industrial rights, such as ______ and ______.

Paris & inventions & trademarks

Which of the following terms refers to the overall appearance and image of a product?

Trade dress

Which of the following is a correct statement regarding trademark dilution laws?

Trademark dilution laws prohibit the use of distinctive or famous trademarks, even without a showing of consumer confusion.

In the context of international copyright law, what does "UCC" mean?

Universal Copyright Convention

Which of the following is not protected by a patent?

a bailment

Which of the following qualifies for trademark protection?

a distinctive word

Which of the following is not copyrightable?

a license

Which of the following protects a product, process, invention, machine, or plant produced by asexual reproduction?

a patent

Which of the following is required for trade secret protection by common law?

a trade secret must consist of elements not generally known in the trade

Which of the following is not a type of trade secret?

a trademark

Which of the following occurs when a holder issues a license to use a patented object only if the licensee agrees to buy some nonpatented product from the holder?

a tying arrangement

Which of the following is not copyrightable?

an easement

The Universal ______ Convention does not require signatory countries to protect _______ rights.

author's & Copyright

To obtain a patent, the inventor generally contacts an attorney licensed to practic: _______.

before the United States Patent and Trademark Office

According to the _______ Convention of 1886, the national ______ principle requires that each member nation protect artists of all signatory nations equally.

berne & treatment

To succeed on a claim of trade dress _______ a party must prove the alleged infringement creates a likelihood of ______. (Choose ALL that apply)

confusion & misunderstanding & infringement

A trademark, when used with a product, helps ______ identify the product with the ______.

consumers, producer

______ protect the expression of creative ideas.

copyrights

______-licensing occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.

cross

If a mark is ______, the holder of the mark may recover damages from an infringer who uses it to pass off goods as being those of the mark owner.

registered

Once a mark has been _______ the registration must be renewed every ______ years.

registered & 10 & infringed

If a mark is _______, the holder of the mark may obtain a(n) ______ prohibiting the infringer from using the mark.

registered & injunction

Trade ______ laws can protect an invention _______.

secret & in perpetuity

According to judicial interpretation of the Federal Trademark Dilution Act, marks need not be identical, only _____.

similar

What is the duration of protection for a copyrighted work?

the life of its creator plus seventy years

In patent litigation, the defendant must file ______ contentions that explain why the ideas in the patent already existed in _______.

the public domain & invalidity

To succeed on a claim of _______ infringement, a party must prove the trade dress is inherently ______ or has acquired a(n) ______ meaning. (Choose ALL that apply)

trade dress & distinctive & secondary

A ______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.

trade secret

A(n) ______ is protected by the common law from unlawful appropriation by competitors as long as it is kept secret and consists of elements: _______.

trade secret & not generally known in the trade

Competitors may discover a ______ by any lawful means, such as by doing _______ or by going on a public plant tour and observing its use.

trade secret & reverse engineering

A(n) ______ is a distinctive mark, work, design, picture, or arrangement.

trademark


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