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Quiz 41 :

Intellectual Property

Quiz 41 :

Intellectual Property

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The America Invents Act allows inventors to "buy" their way to the front of the line and expedite review of their inventions through a Track One application. This clearly favors those applicants who can pay. Do you agree with this practice? Why or why not?
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The owner of the copyright possesses the specific tangible manifestation of a notion, but not the original thought or process of operation. Unlike patent, in copyright it is not essential that the material should be novel. An effort is copyrighted inevitably after it is in tangible form.
The invents act allows inventors to buy their way to the front of the line and expedite review of their inventions through a track one application. It favours those who pay for it.
It is right that this act support those who pay for it. But on the other hand it is also protecting the investor from any infringement. It is very important for any inventor that his idea should not be copied and he wants to take credit of that invention after all he has done very hard work to convert his idea in to a new product. So it is important to safeguard the interest of the inventors which can be done by such kind of acts. It should also be considered the nature and need of the invention before expediting the process since more important inventions should be reviewed compared to other inventions.
For example, biological and scientific inventions should be given more importance than literature or other inventions.

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Hair Corp. sells shampoo in the United States and internationally. Its international prices are 30 percent less than its domestic prices. Big Seller, Inc. is in the business of buying products internationally in bulk and reselling them in the United States Big Seller buys Hair Corp's shampoos in Peru and imports them to the United States to be sold at international rates. Can Hair Corp successfully sue Big Seller for copyright infringement?
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Company H sells a shampoo in the US and internationally with a higher rate domestically and lower rate internationally. Company B is into the business of purchasing products at international markets and selling them at US. Company B purchases the products of H at international rate and resells them at the lower international rate in US.
The owner of the copyright possesses the specific tangible manifestation of a notion, but not the original thought or process of operation. Unlike patent, in copyright it is not essential that the material should be novel. An effort is copyrighted inevitably after it is in tangible form.
Any person who makes use of the copyrighted material without the permission of the owner of that product is considered as violating the copyright act. To prove the violating of the copyright, the complainant should show fruitful evidence that the work was real. 
Here in this case H cannot sue on B for copyright infringement because it is not violating the copyright rule. B has the business of buying and selling the product internationally as a dealer. He purchased those shampoos in cash from some other dealer and as a dealer B has full right to buy those shampoos until and unless H did not levy any restriction on B to buy shampoos. B is just doing trade internationally and does not come under copyright infringement.

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Sequenom developed a noninvasive prenatal diagnostic test to assess the risk of Down syndrome or other chromosomal abnormalities in fetuses. The test analyzes DNA from the fetus that is found in the mother's blood. Prior to this test, women had to undergo invasive tests that carried a slight risk of miscarriage. The PTO awarded Sequenom a patent on the test, but other diagnostic testing companies sued to invalidate the patent. Is Sequenom's patent valid?
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S invented a diagnostic test to assess the risk of abnormalities in fetuses. Prior to the test the procedure of test was different. S obtained a patent on the diagnostic test since it's a novel invention, new process and never used before. Thus according to the act, patent was granted to S. Other diagnostic centers sued to invalidate the patent.
Laws of nature, natural phenomena and abstract ideas are not patentable. The patent act provides that whoever invents or discovers any new or useful improvement thereof, may obtain a patent thereof, subject to the titles and the requirements of the title.
Here in this case the patent is utility patent in nature where the test process was completely new and never used before and is a useful improvement. Therefore, these all points are fulfilling the patent requirement. Hence S patent is valid.

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Music stars Beyonce and Jay-Z named their newborn daughter Blue Ivy and then rushed to trademark the name, because they planned to use it in commerce. Their application was denied because a wedding planner in Massachusetts was already using "Blue Ivy" as the name of her business. Is this the correct outcome? Should people have priority in protecting personal names? Should a small business have priority over what would surely have been a much larger, more profitable use of this name?
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ETHICS After Edward Miller left his job as a salesperson at the New England Insurance Agency, Inc., he took some of his New England customers to his new employer. At New England, the customer lists had been kept in file cabinets. Although the company did not restrict access to these files, it claimed there was a "You do not peruse my files and I do not peruse yours" understanding. The lists were not marked "confidential" or "not to be disclosed." Did Miller steal New England's trade secrets? Whether or not he violated the law, was it ethical for him to use this information at his new job? What is your Life Principle?
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Thomas's English muffins wanted to protect the method by which it makes muffins with air pockets-what it calls "nooks and crannies." What would be the best way to achieve this goal? (a) Patent (b) Copyright (c) Trademark (d) Trade secret (e) This method cannot be protected.
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Victoria's Secret, a well-known lingerie company, found out that a man named Victor Moseley was running a small store in Kentucky named "Victor's Little Secret." Moseley's shop sold clocks, patches, temporary tattoos, stuffed animals, coffee mugs, leather biker wallets, Zippo lighters, diet formula, jigsaw puzzles, handcuffs, hosiery, greeting cards, incense burners, car air fresheners, sunglasses, jewelry, candles, and adult novelties. Women's lingerie represented about 5 percent of its sales. Does Victoria's Secret have a valid intellectual property claim?
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Fredrik Colting wrote a book entitled 60 Years Later: Coming Through the Rye, a riff on J. D. Salinger's famous Catcher in the Rye. Colting's book imagined how Salinger's protagonist, Holden Caulfield, would view life as a 76-year old. Alice Randall wrote a novel entitled The Wind Done Gone, which retells the Civil War novel Gone with the Wind from the perspective of Scarlett O'Hara's (imagined) black half-sister. Both Colting and Randall were sued and both alleged fair use. Should they win?
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Donald Trump wanted to copyright the phrase "You're Fired!" He used the phrase on his reality show, The Apprentice. He. (a) can copyright it only if he registers it (b) can copyright it only if it is in a tangible form (c) cannot copyright it because it is not novel (d) None of the above
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For much of history, the copyright term was limited to 28 years. Now it is as long as 120 years. What is a fair copyright term? Some commentators argue that because so much intellectual property is stolen, owners need longer protection. Do you agree with this argument?
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In New Orleans, Mardi Gras "Indians" are carnival revelers who dress up for Mardi Gras in costumes influenced by Native American ceremonial attire. "Indians" often spend the entire year and thousands of dollars crafting their intricate designs with feathers, beads, and other decorations. As cultural icons in New Orleans, their images are often captured by photographers, who profit from the sale of these pictures. The Indians' creations are not copyrightable because the law views costumes as functional, not aesthetic works. What are the Indians' best arguments to change the law? Should cultural works be owned?
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While in college, David invented a new and useful machine to make macaroni and cheese (he called it the "Mac 'n' Cheeser"). It was like nothing on the market, but David did not apply for a patent. At that time, he offered to sell his invention to several kitchen products companies. His offers were all rejected and he never sold the invention. Years later, he decided to apply for a utility patent. Is David entitled to a utility patent?
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Roger Schlafly applied for a patent for two prime numbers. (A prime number cannot be evenly divided by any number other than itself and 1. Examples of primes are 2, 3, 5, 7, 11, and 13.) Schlafly's numbers are a bit longer-one is 150 digits, the other is 300. His numbers, when used together, can help perform the type of mathematical operation necessary for exchanging codedmessages by computer. Should the PTO issue this patent?
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ETHICS Virtually any TV show, movie, or song can be downloaded for free on the Internet. Most of this material is copyrighted and was very expensive to produce. Most of it is also available for a fee through such legitimate sites as iTunes. What is your ethical obligation? Should you pay $1.99 to download an episode of The Big Bang Theory from iTunes or take it for free from an illegal site? What is your Life Principle?
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If you buy a DVD, you have the legal right to: (a) watch it as many times as you want and then give it away. (b) copy it to your computer and then give it to a friend. (c) copy it to your computer and sell it on eBay. (d) all of the above. (e) a and b only.
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Faber-Castell began manufacturing pencils in 1761. Although pencils and erasers had both existed for some time, the company did not begin putting erasers on the ends of its pencils until the 1870s. The company was sued by an inventor who had previously patented this idea. The case went to the Supreme Court. Who won the case? (a) The patent holder, because no one had ever put an eraser on a pencil before. (b) The patent holder, because the PTO had approved his patent. (c) Faber-Castell, because the pencil with an eraser was not novel. (d) Faber-Castell, because the pencil with an eraser was not useful.
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A couple thought of a clever name for an automobile. They wanted to protect this name so that they could ultimately sell it to a car manufacturer. What would be the best method to obtain this goal? (a) Patent (b) Copyright (c) Trademark (d) Trade secret (e) This name cannot be protected.
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Should Amazon be able to patent the One-Click method of ordering? What about Facebook's patent on a process that "dynamically provides a news feed about a user of a social network"? Were these inventions really novel and nonobvious? What should the standard be for business method patents?
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Rebecca Reyher wrote (and copyrighted) a children's book entitled My Mother Is the Most Beautiful Woman in the World. The story was based on a Russian folk tale told to her by her own mother. Years later, the children's TV show Sesame Street televised a skit entitled "The Most Beautiful Woman in the World." The Sesame Street version took place in a different locale and had fewer frills, but the sequence of events in both stories was identical. Has Sesame Street infringed Reyher's copyright?
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VitaminWater has become such a success that other companies are also now selling similar (but not identical) flavored colored water. Some competitors bottle their drinks in a similar bell-shaped bottle with a two-toned label that has a horizontal color band. What is the best infringement claim for VitaminWater to make against these competitors? (a) Patent (b) Copyright (c) Trademark (d) Trade secret (e) There is no good claim.
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