Question 1

Explain the U.S.patent system and give examples of items that can and cannot be patented.​​

Accepted Answer

U.S.patent law protects the rights of those who discover tools,machines,processes and other "novel,useful,and non-obvious" inventions.  Once a U.S.patent is acquired,the inventor has a complete monopoly for 20 years.  During that time,no one else may use or profit from the invention without permission.  Recently patented items include Amazon.com's one-click internet checkout (business method)and a new type of hybrid corn.  Notably,the Supreme Court has held that "laws of nature,natural phenomena [or] abstract ideas" are not patent-eligible.  So,while you cannot patent a particular strand of naturally occurring DNA,you can patent the process for isolating it.

Question 2

The difference between the Project Gutenberg (PG)and the Google book scanning project is:

Accepted Answer

A) The PG limits itself to the "classics" 
B) The PG limits itself to only works in the public domain 
C) Google only digitizes full documents but the PG digitizes key segments 
D) The PG limits itself to "orphan" works - those with hard-to-find authors or owners. 
A) The PG limits itself to the "classics" 
B) The PG limits itself to only works in the public domain 
C) Google only digitizes full documents but the PG digitizes key segments 
D) The PG limits itself to "orphan" works - those with hard-to-find authors or owners. B

Question 3

American copyright law creates a bundle of rights for the owner,including the right to reproduce,distribute,perform,display,or adapt the work.

Accepted Answer

A) True 
 B)False  True

Question 4

Under what circumstances can an employer prevent a former employee from working for another company for a period of time to ensure that the former employee does not disclose trade secrets?

Accepted Answer

A) When the disclosure of trade secrets by the former employee is threatened or inevitable under the circumstances. 
B) Only when the disclosure of trade secrets by the former employee is specifically threatened. 
C) Whenever the former employee's new employer is a competitor of the employer. 
D) Employers can never stop employees from working for other companies 
A) When the disclosure of trade secrets by the former employee is threatened or inevitable under the circumstances. 
B) Only when the disclosure of trade secrets by the former employee is specifically threatened. 
C) Whenever the former employee's new employer is a competitor of the employer. 
D) Employers can never stop employees from working for other companies

Question 5

What must a plaintiff prove to establish copyright infringement?

Accepted Answer

To establish copyright infringement a pl

Question 6

Discuss how intellectual property is different from other kinds of property.

Accepted Answer

IP differs from other kinds of property

Question 7

Discuss whether a company may obtain a competitor's trade secrets.

Accepted Answer

A company may not obtain a trade secret

Question 8

Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?

Accepted Answer

Fair use was originally a common law doc

Question 9

7Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?
I. The Lanham Act
II. Federal Trademark Dilution Revision Act of 2006
III. Sonny Bono Act of 1998

Accepted Answer

A) I only 
B) II only 
C) I and II 
D) II and III 
A) I only 
B) II only 
C) I and II 
D) II and III

Question 10

If an author owns a copyright to a non-fiction essay,then publishes that essay in an anthology of similar essays published by a major publishing company,the rights involved in this relationship would be referred to as ______.

Accepted Answer

A) collective work 
B) public domain 
C) collective bargaining 
D) joint domain 
A) collective work 
B) public domain 
C) collective bargaining 
D) joint domain

Question 11

Once the copyright on a work has expired:

Accepted Answer

A) The owner can renew it for a new term 
B) The work is in the public domain 
C) The work becomes the property of the government 
D) The work is considered no longer creative 
A) The owner can renew it for a new term 
B) The work is in the public domain 
C) The work becomes the property of the government 
D) The work is considered no longer creative

Question 12

Trade secrets are registered just like trademarks.

Accepted Answer

A) True 
 B)False

Question 13

In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

Accepted Answer

A) collective rights 
B) misappropriation 
C) unlimited use 
D) fair use 
A) collective rights 
B) misappropriation 
C) unlimited use 
D) fair use

Question 14

In order to obtain a patent under U.S.Patent Law,an inventor must have an invention that is
I.Not obvious
II.Unique
III.Useful
IV.Not a modification of any prior patents

Accepted Answer

A) I only 
B) I and II 
C) I, II and III 
D) I, II, III and IV 
A) I only 
B) I and II 
C) I, II and III 
D) I, II, III and IV

Question 15

Frank Dennison is a well-known professional basketball player. One day while watching television he sees an advertisement for a car dealership that features a cartoon character who resembles Frank and is wearing a basketball uniform that is the same color as his team's uniform. Additionally,another character in the ad refers to the character as "Frankie D." If you were an attorney representing Frank Dennison in a lawsuit against the company that made this advertisement,how would you argue that the advertisements violates your client's right to publicity.​

Accepted Answer

A person's right to publicity is violate

Question 16

Debora Halbert asserts in her essay,"Feminist Interpretations of Intellectual Property," that:

Accepted Answer

A) women have benefited greatly from intellectual property laws. 
B) intellectual property has historically benefited men more than women. 
C) in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well. 
D) when women knitted or quilted, they were reluctant to share their patterns with other women. 
A) women have benefited greatly from intellectual property laws. 
B) intellectual property has historically benefited men more than women. 
C) in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well. 
D) when women knitted or quilted, they were reluctant to share their patterns with other women.

Question 17

Why was the Digital Millennium Copyright Act passed?

Accepted Answer

The DMCA was passed to target

Explain the U.S.patent system and give examples of items that can and cannot be patented.

The difference between the Project Gutenberg (PG)and the Google book scanning project is:

American copyright law creates a bundle of rights for the owner,including the right to reproduce,distribute,perform,display,or adapt the work.

Under what circumstances can an employer prevent a former employee from working for another company for a period of time to ensure that the former employee does not disclose trade secrets?

What must a plaintiff prove to establish copyright infringement?

Discuss how intellectual property is different from other kinds of property.

Discuss whether a company may obtain a competitor's trade secrets.

Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?

7Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them? I. The Lanham Act II. Federal Trademark Dilution Revision Act of 2006 III. Sonny Bono Act of 1998

If an author owns a copyright to a non-fiction essay,then publishes that essay in an anthology of similar essays published by a major publishing company,the rights involved in this relationship would be referred to as ______.

Once the copyright on a work has expired:

Trade secrets are registered just like trademarks.

In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

In order to obtain a patent under U.S.Patent Law,an inventor must have an invention that is I.Not obvious II.Unique III.Useful IV.Not a modification of any prior patents

Debora Halbert asserts in her essay,"Feminist Interpretations of Intellectual Property," that:

Why was the Digital Millennium Copyright Act passed?

Law, Ethics, Business: An Introduction

The New Economy: Revisioning Work

Whistleblowing: Conflicting Loyalties

Privacy: Technology, Surveillance and Freedom

Diversity: Equity and Justice for All

Health and Safety: Workers Rights As Human Rights

Environmental Sustainability: Law and Fairness

Marketing: Technology,Choice, Manipulation

Product Liability: Allocating Risk Responsibility

Filters

Exam 10: Intellectual Property: Ownership, Creativity, and Innovation

Explain the U.S.patent system and give examples of items that can and cannot be patented.​​

The difference between the Project Gutenberg (PG)and the Google book scanning project is:

American copyright law creates a bundle of rights for the owner,including the right to reproduce,distribute,perform,display,or adapt the work.

Under what circumstances can an employer prevent a former employee from working for another company for a period of time to ensure that the former employee does not disclose trade secrets?

What must a plaintiff prove to establish copyright infringement?

Discuss how intellectual property is different from other kinds of property.

Discuss whether a company may obtain a competitor's trade secrets.

Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?

7Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them? I. The Lanham Act II. Federal Trademark Dilution Revision Act of 2006 III. Sonny Bono Act of 1998

If an author owns a copyright to a non-fiction essay,then publishes that essay in an anthology of similar essays published by a major publishing company,the rights involved in this relationship would be referred to as ______.

Once the copyright on a work has expired:

Trade secrets are registered just like trademarks.

In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

In order to obtain a patent under U.S.Patent Law,an inventor must have an invention that is I.Not obvious II.Unique III.Useful IV.Not a modification of any prior patents

Debora Halbert asserts in her essay,"Feminist Interpretations of Intellectual Property," that:

Why was the Digital Millennium Copyright Act passed?

Law, Ethics, Business: An Introduction

The New Economy: Revisioning Work

Whistleblowing: Conflicting Loyalties

Privacy: Technology, Surveillance and Freedom

Diversity: Equity and Justice for All

Health and Safety: Workers Rights As Human Rights

Environmental Sustainability: Law and Fairness

Marketing: Technology,Choice, Manipulation

Product Liability: Allocating Risk Responsibility

Filters

Explain the U.S.patent system and give examples of items that can and cannot be patented.