Chapter 12: Intellectual Property
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
the three criteria for a work to be copyrightable
- fixed - original - creative
Identify the characteristics a work should have to be copyrightable.
- original - fixed - creative
Patent protection critrea
- patentable - novel or new - useful - nonobvious
To succeed on a claim of trade-dress infringement, which of the following must a party prove?
- the alleged infringement creates a likelihood of confusion - the trade dress is inherently distinctive
Which of the following factors does the Copyright Act require that a court weigh in determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement?
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole - the nature of the copyrighted work - the effect of the use on the potential market for or value of the copyrighted work
In the context of patent infringement cases, in which of the following situations is the plaintiff likely to lose the patent?
- the infringer may attempt to challenge a patent by asking the USPTO to "reexamine" the patent - the infringer presents an invalidating prior art - the alleged infringer may prove that the USPTO should not have issued the patent in the first place because the ideas in the patent were already in existence before the patent application was filed
To succeed on a claim of trade-dress infringement, a party must prove:
- the trade dress is primarily nonfunctional - the trade dress is inherently distinctive or has acquired a secondary meaning - the alleged infringement creates a likelihood of confusion
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
During what decade did the United States Congress pass the America Invents Act?
2010s
Criminal penalties for violating the No Electronic Theft Act include imprisonment for up to:
5 years
Which of the following is a type of trade secret?
A compilation of information
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.
Product trademark
A mark affixed to a good, its packaging, or its labeling, such as the Nike "swoosh"
Collective mark
A mark identifying the producers as belonging to a larger group, such as a trade unions
Certification mark
A mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good Housekeeping Seal of Approval"
Service mark
A mark used in conjunction with a service
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 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?
An injunction
According to the ________ Convention of 1886, the __________ protection principle requires that protection not be conditioned on the use of formalities.
Berne; nonconditional
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.
In which of the following situations does the invention protection under the trade-secret law no longer apply?
If someone discovers the secret legally
Intellectual Property
Intangible property that is the product of one's mind and not one's hands
Which of the following is true of the 2011 America Invents Act?
It makes it easier for small businesses and sole entrepreneurs to apply for patents.
Regarding the Berne Convention of 1886, which of the following provisions are made under the national treatment principle?
It requires that each member nation protect artists of all signatory nations equally.
Under the ______ Act, a mark might be used without permission on completely unrelated goods, potentially diminishing the value of the mark.
Lanham
What is the primary international protection for intellectual property?
Multilateral conventions
How many nations are signatories to the Agreement on Trade-Related Aspects of Intellectual Property Rights?
Over 100
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.
What is the duration of trade secret protection?
Potentially in perpetuity
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 of the following conventions specifically protects industrial rights and restricts unfair competition?
The Paris Convention of 1883
Which of the following treaties was open to signatories of the Paris Convention and contains a provision for making a patent application filed in any member state an international application as effective as individually filed applications in all member states?
The Patent Cooperation Treaty of 1970
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 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.
Which of the following principles under the Paris Convention of 1883 allows a national of a member state 12 months after filing in his or 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?
The right of priority
Identify an element a party must prove to succeed on a claim of trade-dress infringement.
The trade dress is primarily nonfunctional.
Which of the following is required for trade secret protection by common law?
The trade secret must be kept secret.
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
The treaties that ensure international protection for patents and copyrights are generally administered by the
World Intellectual Property Organization
trademark
a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer
Which of the following qualifies for trademark protection?
a distinctive word
Which of the following is not copyrightable?
a license
trade secret
a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors
Which of the following is a correct statement regarding the renewability of marks?
a registered mark is renewable
Which of the following is not a type of trade secret?
a trademark
Which of the following statements is correct regarding the legality of a tying arrangement?
a tying arrangement is illegal
Unlike the Berne Convention, the Universal Copyright Convention
allows members to establish formalities for protection
cross-licensing
an illegal contractual arrangement in which two or more parties license each other to use their specific intellectual property only on the condition that neither licenses anyone else to use the property without the other's consent
To obtain a patent, the inventor generally contacts an attorney licensed to practice:
before the US Patent and Trademark Office (USPTO)
A mark identifying the producers as belonging to a larger group, such as a trade union, is known as a
collective mark
When an inventor contacts an attorney to obtain a patent, the first thing the attorney does is
conduct a patent search
A(n) ______ work reproduced with the appropriate notice affixed is protected for the life of its creator plus seventy years.
copyrighted
______-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
Trademark ______ laws prohibit the use of distinctive or famous trademarks, even without a showing of consumer confusion.
dilution
Trademark ______ requires that a mark be famous.
dilution
The term trade ______ means the overall appearance and image of a product.
dress
Trade ______, the overall appearance and image of a product, is entitled to the same legal protection as a trademark.
dress
Which of the following is not a form of intellectual property?
easements
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
Which judicial body has jurisdiction over a patent infringement suit?
federal court
Which of the following is not a criterion required for a work to be copyrightable?
generic
tying arrangement
illegal agreement in which the sale of one product is tied to the sale of another
The Paris Convention's members have agreed to protect _________ rights, such as inventions and trademarks
industrial
In a patent ______ case, if the alleged wrongdoer proves that the United States Patent and Trademark Office should not have issued the patent in the first place, the court may deem the patent invalid.
infringement
Trademark ______ requires a showing of consumer confusion.
infringement
Which of the following is not a basic principle of the Paris Convention of 1883?
local treatment
No Electronic Theft Act
makes it illegal for a person not only to infringe a copyright for commercial purposes or financial gain but also to reproduce or distribute, for no financial gain, the copyrighted work of another
The laws of intellectual property protect property that is primarily the result of _____________ creativity rather than ___________ effort
mental; physical
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
Which of the following is a lawful means to discover a trade secret?
observing its use on a public plant tour
When can an inventor bring a patent infringement suit in a federal court against anyone who uses, sells, or manufactures the patented invention?
once the patent has been issued
A ______ protects a product, process, invention, machine, or plant produced by asexual reproduction.
patent
Which of the following protects a product, process, invention, machine, or plant produced by asexual reproduction?
patent
Which of the following is a correct statement regarding the renewability of patent protection?
patent protection is nonrenewable
A mark affixed to a good, its packaging, or its labeling is known as a
product trademark
The fair use doctrine allows reproduction of a portion of a copyrighted work for all of the following purposes except
profit
patent
protection that grants the holder the exclusive right to produce, sell, and use the patented object for 20 years; can be obtained for a product, process, invention, or machine or a plant produced by asexual reproduction
In patent litigation, what should the patent holder do when filing patent infringement contentions?
provide copies of all documents relating to the conception of the patent
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 ______ year
registered; 10
In determining whether the fair use doctrine provides a valid defense to a claim of copyright infringement, Section 107 of the Copyright Act requires that a court weigh all of the following factors except the:
renewability of the subject copyright
Competitors may discover a trade secret by any lawful means, such as by doing ______ engineering
reverse
According to judicial interpretation of the Federal Trademark Dilution Act, marks need not be identical, only _______
similar
Which of the following acts protected trademark owners from the unauthorized use of their marks on only competing goods or related goods, where the use might lead to consumer confusion?
the Lanham Act
Which of the following must a plaintiff prove to enjoin a competitor from continuing to use a trade secret?
the defendant acquired the trade secret through unlawful means
fair-use doctrine
the doctrine which provides for the lawful use of a limited portion of another's work for purposed of criticism, comment, news reporting, teaching, scholarship, or research
trade dress
the overall appearance and image of a product
copyright
the protection of the expression of creative work; i.e., protection of the fixed form that expresses the ideas
trademark dilution
the use of a distinctive or famous trademark, such as "McDonald's," in a manner that diminishes the values of the mark
Which of the following is a correct statement regarding the legal protection given to trade dress compared to the legal protection given to a trademark?
trade dress is entitled to the same legal protection as a trademark
A(n) ______ arrangement 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.
tying
