Deck 28: Intellectual Property

Question 1

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 1

C

Question 2

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

Answer 2

False

Question 3

Patents are issued by the Secretary of State.

Answer 3

False

Question 4

Intellectual property is also referred to as ___________ .

A) economic property
B) intellectual capital
C) testamentary property
D) real property

Question 5

The invention must be a device is a term that may include physical devices but may not include a design or process.

Question 6

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 7

Intellectual property is protected through the use of trade secrets, trademarks, copyrights, and patents.

Question 8

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

Question 9

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

Question 10

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

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

Question 11

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

Question 12

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

Question 13

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

A) intellectual property.
B) tangible property.
C) real property.
D) mixed property.

Question 14

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

Question 15

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

Question 16

A trademark protects creators of literary, creative, or artistic works.

Question 17

The contract for the sale of a business 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 18

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 19

A trademark refers to the name and good reputation of a firm.

Question 20

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 for a patent.

Question 21

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

A) service marks
B) patents
C) copyrights
D) trade dresss

Question 22

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

A) copyrighted program.
B) patent.
C) trade secret.
D) trademark.

Question 23

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 24

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 25

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 26

A ___________ is a unique identifier that serves as an address for a web page.

A) trademark
B) patent
C) trade secret
D) domain name

Question 27

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 28

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 29

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 30

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

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

Question 31

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

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

Question 32

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 33

A trademark registration is issued for a renewable period of:

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

Question 34

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) State.

Question 35

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

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

Question 36

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) internet theft.
C) plagiarizing.
D) domain copying.

Question 37

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

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

Question 38

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 39

If a program, such as a complex accounting and budgeting program, is highly specialized and not intended for wide distribution, it would likely be considered a ___________.

A) copyrighted program.
B) patent.
C) trade secret.
D) trademark.

Question 40

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 41

Define restrictive covenants and explain when they are enforceable.

Question 42

Describe the purpose of design patents, and the length of time for which they are granted.