Deck 28: Intellectual Property

Question 1

Intellectual property is also referred to as a(n)___________ capital.

A) sentiment
B) intellectual
C) net
D) share

Answer 1

B

Question 2

A domain name is a unique identifier that serves as an address for a Web page.

Answer 2

True

Question 3

An agreement in which the employee agrees not to work in similar employment is known as a:

A) debt covenant.
B) silent covenant.
C) restrictive covenant.
D) heritage covenant.

Answer 3

C

Question 4

The invention must be a device is a term that has broad application in patent law and may not include a design or process.

Question 5

Goodwill refers to the name and good reputation of a firm.

Question 6

A trademark is a name or symbol given to creators of literary,creative,or artistic works.

Question 7

Intellectual property is not protected through the use of trade secrets,trademarks,copyrights,and patents.

Question 8

Producers of computer software have an incentive to treat their creations as trade secrets because there is no set time limit on the protection available for patents,copyrights and trademarks.

Question 9

Symbols used to identify services,as distinguished from goods,are called service marks.

Question 10

A design patent is awarded to individuals or business firms to protect distinctive patterns,figures,and shapes and to prevent unauthorized copying.

Question 11

The contract for sale usually includes a(n)________________,similar to the restrictive covenant placed in an employment contract.

A) agreement not to compete
B) nondisclosure agreement
C) service level agreement
D) arbitration agreement

Question 12

A program with a complex accounting and budgeting program,highly specialized and not intended for wide distribution,would not be considered as a trade secret.

Question 13

Computer programs and computer games may not be copyrighted under existing law.

Question 14

Pursuant to the Computer Software Copyright Act of 1980,it is an infringement if the owner of a computer program makes a single copy.

Question 15

Most firms that have registered trademarks spend considerable amounts of money to research,design,register,and advertise their trademarks.

Question 16

Since many computer programs are designed to do certain tasks electronically that have previously been done mechanically,it is often difficult to satisfy the novelty and nonobviousness requirements.

Question 17

An individual who copies another's works without permission may be found liable for infringement.

Question 18

A form of personal property,which includes knowledge,ways of doing things,and expressions of ideas is known as a(n):

A) intellectual property.
B) tangible property.
C) real property.
D) easementary right.

Question 19

Nearly all restrictive covenants are enforceable; the most important factor is whether the covenant is:

A) feasible.
B) ratified.
C) assigned.
D) reasonable.

Question 20

Patents are issued by the Immigration and Naturalization Service Department alone.

Question 21

A computer program distributed to a limited number of users is usually not sold; rather,the producer of the program generally retains ownership and:

A) monopolizes the same.
B) retains the same for his lifetime.
C) licenses the use of it.
D) transfers to the government after 10 years.

Question 22

All of the following are the basic rules for protecting the firm's trademark,EXCEPT:

A) never use the trademark in the possessive form.
B) never use the trademark in the plural.
C) always identify the trademarks.
D) monitor the use of trademarks only once.

Question 23

An agreement in which the seller agrees not to begin or operate a similar business within a certain geographic area,or within a specified period of time,is known as a(n):

A) service-level agreement.
B) agreement not to compete.
C) arbitration agreement.
D) nondisclosure agreement.

Question 24

A patent is a valid,government-granted protection awarded to inventors that gives the patent-holder the exclusive right to manufacture,use,and sell the invention for:

A) 10 years.
B) 20 years.
C) 50 years.
D) the lifetime of the creator plus 70 years.

Question 25

A trademark registration is issued for a renewable period of:

A) 10 years.
B) 20 years.
C) 50 years.
D) 60 years.

Question 26

A distinctive,nonfunctional feature,which distinguishes a merchant's or manufacturer's goods or services from those of another,is known as a:

A) trademark.
B) trade dress.
C) design patent.
D) copyright.

Question 27

The owner of a trademark loses rights to it "when any course of conduct of the registrant,including acts of omission or commission,causes the mark to lose its significance as an indication of origin" under a:

A) company policy.
B) state law.
C) federal law.
D) restrictive covenant.

Question 28

Trademark registrations are issued at the federal level by the U.S.Patent and Trademark Office of the Department of:

A) Commerce.
B) Labor.
C) Justice.
D) States.

Question 29

A _________,according to the Lanham Trademark Act of 1947,is "any word,name,symbol,or device or combination thereof adopted and used by a manufacturer or merchant to identify his (or her)goods and distinguish them from goods manufactured or sold by others."

A) design patent
B) trade secret
C) trade dress
D) trademark

Question 30

Under the current copyright law,a created work is protected for the lifetime of the creator and for another:

A) 30 years.
B) 40 years.
C) 50 years.
D) 70 years.

Question 31

Some developers of commercial software have attempted to protect against pirated copying by claiming that the program is a:

A) copyright.
B) patent.
C) trade secret.
D) trademark.

Question 32

Anyone who manufactures or sells,without permission,a product that has been patented by another can be charged with:

A) fraud.
B) infringement.
C) misrepresentation.
D) breach of contract.

Question 33

A computer program is defined as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain act" under the:

A) Global Computer Review Act of 2004.
B) Computer Software Copyright Act of 1980.
C) National Software Act of 1863.
D) USA Computer Act of 2001.

Question 34

Registering or using another person's or company's domain name in bad faith for the purpose of earning a profit is referred to as:

A) cybersquatting.
B) shoulder surfing.
C) plagiarizing.
D) conniving.

Question 35

All of the following are the suffixes used in domain names,EXCEPT:

A) .com.
B) .org.
C) .edu.
D) .ebl.

Question 36

Which of the following was once a trademark,but has now become generic?

A) Xerox
B) Coke
C) Apple
D) Escalator

Question 37

The Patent and Trademark Office would probably grant a patent if the invention is a device,useful,novel,and:

A) unauthorized.
B) obsolete.
C) nonobvious.
D) general.

Question 38

Design patents are granted for a period:

A) less than 20 years.
B) from 20 to 30 years.
C) from 30 to 40 years.
D) from 40 to 50 years.

Question 39

Which of the following is not subject to the doctrine of fair use?

A) Criticism
B) Education
C) Infringement
D) Research

Question 40

A(n)__________ test is used to determine whether an ordinary reasonable observer comparing two works would have to conclude that the work being questioned was copied from the other.

A) substantial similarity
B) fair use
C) goodwill
D) infringement

Question 41

What are the rights of a trade registrant?

Question 42

Define restrictive covenants and explain when they are enforceable.

Question 43

Describe the purpose of design patents,and for how long they are granted.