Exam 6: Intellectual Property Rights

States do not have trademark statutes.

France and the United States are signatories of the Berne Convention. Alain,a citizen of France,publishes a book first in France and then in the United States. Alain's copyright must be recognized by

The TRIPS agreement covers computer programs.

Hua plots a new Iron Man adventure and carefully and skillfully imitates the art of Marvel Comics to create an authentic-looking Iron Man graphic novel. Hua is not affiliated with the owners of the copyright to Iron Man. Can Hua pub-lish the novel as his own work without infringing on the owners' copyright?

A license permits the use of intellectual property for certain limited purposes.

It is not possible to copyright an idea.

Like most successful companies,Pads & Phones,Inc. (P&P),has trade secrets. The law protects those secrets if

Patent infringement occurs only if all features or parts of a product are copied.

Quinn designs a new tablet computer,which he names "Phlip Top." He also writes the operating manual that is included with each final product. Quinn could obtain patent protection for

The Anti-Counterfeiting Trade Agreement applies to counterfeit physical goods and pirated,copyrighted works being distributed via the Internet.

A famous trademark may be diluted only by the unauthorized use of an identical mark.

Copyright protection is automatic-registration is not required.

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on

Tosucceed in a lawsuit alleging trademark dilution,the plaintiff must prove that consumers are likely to be confused by the unauthorized use of a mark.

College Copy Shop (CCS)compiles,copies,and sells reading materials to students on the instructions of their professors,who indicate which parts of which publications should be included. These include texts published by Deep Topics,Inc. CCS does not obtain the permission of Deep Topics,or any of the other original publishers of the copied materials,and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS,alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

A person who buys a copyrighted work cannot sell it to someone else.

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

Protection of trade secrets extends both to ideas and to their expression.

The first person to invent a product obtains the patent rights rather than the first person to file an application for a patent.

Zoey invents "One for All," new business inventory control software,and applies for a patent. If Zoey is granted a patent,it will protect her product