Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A)  10 years. 
B)  20 years. 
C)  28 years. 
D)  the life of the creator plus 70 years.

Question 3

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.

Accepted Answer

A) True 
 B)False

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A)  deceive purchasers into believing they have obtained a comparable product. 
B)  dilute the originator's resource investment in its product appearance. 
C)  usurp the business goodwill of the developer of the trade dress. 
D)  all of the above.

Question 6

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

Accepted Answer

A)  suggestive of characteristics of the product or service to which they relate. 
B)  fanciful,arbitrary,or coined. 
C)  descriptive and have acquired a known secondary meaning linked to a product. 
D)  all of the above.

Question 7

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

Accepted Answer

A)  must be written in object code in order to be protected. 
B)  must be written in source code in order to be protected. 
C)  is protected as any other copyrighted material,even if it is in written form. 
D)  is protected but does not receive the same protections as other copyrighted materials.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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.

Accepted Answer

A) True 
 B)False

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A)  the purpose and character of the use,including whether such use is of a commercial nature or is for nonprofit educational purposes. 
B)  the nature of the copyrighted work. 
C)  the amount and substantiality of the portion used in relation to the copyrighted work as a whole. 
D)  all of the above.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

The Semiconductor Chip Protection Act provides that an infringer will:

Accepted Answer

A)  be liable for actual damages 
B)  forfeit its profits to the owners 
C)  both a.and b. 
D)  neither a.nor b.

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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?

Accepted Answer

The answer of Smarts and Then Some,Inc.developed a software program...

Question 19

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?

Accepted Answer

The answer of Herman Corporation is engaged in preparing a...

Question 20

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.

Accepted Answer

A) True 
 B)False

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.

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.