Business Law & Ethics Ch. 8 Intellectual Property Rights

patent

(n.) exclusive rights over an invention; copyright; (v.) to arrange or obtain such rights; (adj.) plain, open to view; copyrighted is a grant from the government that gives an inventor the exclusive right to make, use, or sell his or her invention for a period of twenty years.

False

A copy must be exactly the same as an original work to infringe on its copyright.

False

A formula for a chemical compound is not a trade secret

Certification Mark

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

True

A personal name is protected under trademark law if it acquires a secondary meaning.

Collective mark (or collective trademark)

A trademark representing membership in a group as established by owner of the collective mark.

service mark

A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.

Dilution

In 1995, Congress amended the Lanham Act by passing the Federal Trademark Dilution Act,2 which allowed trademark owners to bring suits in federal court for trademark dilution.

True

in determining whether the use of a copyrighted work is infringement under the fair use doctrine, one factor is the effect of that use on the market for the copyrighted work.

Tradename

indicates part or all of a business's name, whether the business is a sole proprietorship, a partnership, or a corporation.

A trade secret is

information of commercial value, such as customer lists, plans, and research and development.

A copyright

is an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type.

False

only the intentional use of another's trademarks can be trademark infringement

False

the European union's copyright rules limit the royalty protection for musicians to 10 years

True

the Trips agreement covers computer programs

Copyright

the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. is an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type.

Tradedress

a broad concept that can include either all or part of the total image or overall impression created by a product or its packaging.

Trademark

a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known.

License

an agreement, or contract, permitting the use of a trademark, copyright, patent, or trade secret for certain purposes.

False

an unusual or fanciful trade name is not protected under trade mark law

intellectual property

any property that results from intellectual, creative processes—the products of an individual's mind.

True

To obtain a patent, an applicant must show that an invention is genuine, novel, useful, and not obvious in light of current technology.

True

Trade names have the same legal protection as trademarks.