Question 1

If a term is _____, courts treat it as distinctive and automatically qualify it for trademark protection.

Accepted Answer

A)  generic 
B)  descriptive 
C)  arbitrary 
D)  nonspecific 
A)  generic 
B)  descriptive 
C)  arbitrary 
D)  nonspecific

Question 2

How can a copyright holder recover under the theory of contributory copyright infringement?

Accepted Answer

Three elements must be proven for a copy

Question 3

Which of the following statements is true about patent infringement in the U.S.?

Accepted Answer

A)  The court holds only the infringer accountable for the unlawful activities and accomplices are not considered liable under the U.S. infringement law. 
B)  There is no effect on the importation of foreign goods that infringe upon U.S. patent rights. 
C)  A patent holder is entitled to monetary damages in case of infringements. 
D)  The court grants an automatic injunction in cases of infringement. 
A)  The court holds only the infringer accountable for the unlawful activities and accomplices are not considered liable under the U.S. infringement law. 
B)  There is no effect on the importation of foreign goods that infringe upon U.S. patent rights. 
C)  A patent holder is entitled to monetary damages in case of infringements. 
D)  The court grants an automatic injunction in cases of infringement.

Question 4

Trademark dilution laws:

Accepted Answer

A)  protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur. 
B)  are intended at protecting consumers rather than focusing on protecting the investment of trademark owners. 
C)  permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. 
D)  require the licensee to transfer any inventions it derives from the licensed technology to the licensor. 
A)  protect "distinctive" or "famous" marks from unauthorized uses even when confusion is not likely to occur. 
B)  are intended at protecting consumers rather than focusing on protecting the investment of trademark owners. 
C)  permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. 
D)  require the licensee to transfer any inventions it derives from the licensed technology to the licensor.

Question 5

Global licensing agreements require meticulous planning and a great deal of flexibility.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is true about the nature of licensing?

Accepted Answer

A)  The person who owns the intellectual property is known as the licensee. 
B)  Sometimes the licensee is permitted to sublicense all or part of its rights in the technology to a sublicensee. 
C)  As a general rule, persons who buy from patent holders or their licensees are restricted by the original licensing contract. 
D)  A customer who has bought a patented product cannot freely resell it without fear of violating the original patent. 
A)  The person who owns the intellectual property is known as the licensee. 
B)  Sometimes the licensee is permitted to sublicense all or part of its rights in the technology to a sublicensee. 
C)  As a general rule, persons who buy from patent holders or their licensees are restricted by the original licensing contract. 
D)  A customer who has bought a patented product cannot freely resell it without fear of violating the original patent.

Question 7

In the United States, the copyright period for works for hire:

Accepted Answer

A)  is 110 years from the first publication or 140 years from creation, whichever comes first. 
B)  lasts for the life of the author plus 70 years. 
C)  is 95 years from the first publication or 120 years from creation, whichever comes first. 
D)  lasts for the life of the author plus 120 years. 
A)  is 110 years from the first publication or 140 years from creation, whichever comes first. 
B)  lasts for the life of the author plus 70 years. 
C)  is 95 years from the first publication or 120 years from creation, whichever comes first. 
D)  lasts for the life of the author plus 120 years.

Question 8

Courts are unwilling to provide trademark protection to a term if it is:

Accepted Answer

A)  arbitrary. 
B)  generic. 
C)  descriptive. 
D)  suggestive. 
A)  arbitrary. 
B)  generic. 
C)  descriptive. 
D)  suggestive.

Question 9

Licensing agreements require a careful partner selection process that clearly identifies each firm's objectives and details how each plans to meet the other's expectations.

Accepted Answer

A) True 
 B)False

Question 10

Technology transfer agreements:

Accepted Answer

A)  protect "distinctive" or "famous" marks from unauthorized uses only when confusion is likely to occur. 
B)  permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. 
C)  prevent an intellectual property owner from granting to another the right to use protected technology in return for some form of compensation. 
D)  assert that priority of trademark rights in the United States depends upon the priority of use anywhere else in the world. 
A)  protect "distinctive" or "famous" marks from unauthorized uses only when confusion is likely to occur. 
B)  permit a company to quickly penetrate a foreign market without incurring the substantial financial and legal risks associated with direct investment. 
C)  prevent an intellectual property owner from granting to another the right to use protected technology in return for some form of compensation. 
D)  assert that priority of trademark rights in the United States depends upon the priority of use anywhere else in the world.

Exam 8: Licensing and Intellectual Property

If a term is _____, courts treat it as distinctive and automatically qualify it for trademark protection.

How can a copyright holder recover under the theory of contributory copyright infringement?

Which of the following statements is true about patent infringement in the U.S.?

Trademark dilution laws:

Global licensing agreements require meticulous planning and a great deal of flexibility.

Which of the following is true about the nature of licensing?

In the United States, the copyright period for works for hire:

Courts are unwilling to provide trademark protection to a term if it is:

Licensing agreements require a careful partner selection process that clearly identifies each firm's objectives and details how each plans to meet the other's expectations.

Technology transfer agreements:

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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