Exam 11: Intellectual property

The Human Genome project has mapped the basic gene sequences of the human body,but the inventors have not yet ascertained each of the gene's functions.Is this basic formula of human design a proper subject for the granting of a federal patent? What are the ethical effects of giving one company the ability to control medical research based upon such a patent? Discuss fully.

Chef Susan has developed a great new recipe for home made ice cream that she serves at her restaurant.She would like to keep the recipe secret and prevent anyone else from using it.What four areas should a trade secret program cover?

Which of the following is not part of copyright protection?

The defense of _________ is available when a trademark user truthfully uses a competitor's mark to identify the competitor's product for the user's own purposes.

Copyright protection does not extend to derivative works.

A trademark does not necessarily reveal the product's manufacturer.

Marks that are initially unprotectable can still become protectable if they acquire ________ meaning.

Service marks are a form of trademarks.

A design dictated by function may be protected by a(n)________ patent.

Registration with the Federal Trademark Register is a requirement for obtaining any rights in a trademark.

Which of the following types of patent infringement can be committed innocently and unintentionally?

Fact pattern 11-2 Professor Peter enjoys using a small manual containing information on employment laws in his business law class.The manual costs $100 and is published by We Publish book publishers.Because Professor Peter wants to save his students some money,he copies the manual and has ABC Copy Store make copies for students.Students are required to purchase the copies directly from the copy store.Professor Prudence,who dislikes Peter because she believes he blocked her tenure application,hears about the deal and notifies the publishing company.The publishing company denies that the process be stopped and prepares to seek damages. -Refer to fact pattern 11-2.Can Professor Peter be found guilty of copyright infringement?

A distinctive mark that is owned by someone may be lost by ________ abandonment.

A ________ placed on a product indicates that the product has met the certifier's standards of safety or quality.

Which of the following is not a part of a patent application?

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product.

Patent law defines ________ infringement as the active inducement of another party to infringe a patent.

A patent holder must personally make use of the invention.

After a period of ___ years from the application date for utility patents and ___ years for design patents in the United States,the patent expires and the invention is dedicated to the public.

Registration of a trademark in the Federal Principal Register provides actual notice of a claim of ownership in all 50 states.