Exam 10: Intellectual Property Rights

In order for a work to be copyrightable,it must possess a significant amount of creativity.

Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S.law for a period of:

Under the Semiconductor Chip Protection Act reverse engineering exemption,competitors may study mask works but may not use the results of that study to design their own semiconductor chip.

Under the Berne Convention Implementation Act of 1988,it is no longer mandatory that works published after March 1,1989 contain a notice of copyright.

It is important to protect trade dress against adoption by a competitor because such adoption can:

Trademarks or service marks may be registered if they utilize terms that are:

Under the Computer Software Copyright Act of 1980,a written program:

A trademark is any word,name,symbol,device,or combination of these used to identify a product.

Computer software licensing agreements include restrictions on the use of software and give the licensor greater protection than that provided by copyright law.

To prevail in an action for trade dress infringement,a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

All types of patents available under U.S.law are entitled to the same quality and duration of protection once initial filing is perfected with the Patent and Trademark Office in Washington,D.C.

When secret information is shared or communicated for a special purpose and the person receiving the information knows it is not to be made known,it loses the protection it had while secret.

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

The Semiconductor Chip Protection Act provides that an infringer will:

Trademarks may be used to protect the exclusive right to identify either products or services.

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Smarts and Then Some,Inc.developed a software program after several years of research and development.The particular software program was then test-marketed,at which point a competitor filed suit claiming that the Smarts and Then Some program violated the competitor's copyright on a program they too were test-marketing.What is the test to determine whether a copyright has been violated?

Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images.Drawings and photographs for the campaign are coming from a variety of sources,including popular magazines,international newspapers,and web sources.The marketing vice president asserts that the company may use the images under the fair use doctrine.What factors should be considered in the application of the fair use doctrine?

Once a mark is registered in accordance with federal law,the holder of the mark has the exclusive right to use the mark in perpetuity.