Question 1

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights.

Accepted Answer

This is true as the TRIPS agreement requires member countries to provide strong intellectual property protections in their domestic laws.

Question 2

A patent applicant must demonstrate that the invention,discovery,or design is commercially practicable to receive a patent.

Accepted Answer

The requirement for commercial practicability is not a necessary condition for receiving a patent. The patent applicant only needs to show that the invention is novel, non-obvious, and useful.

Question 3

Li'l Canine Company (LCC)uses a trademark that neither LCC nor anyone else has registered with the government.Under federal trademark law,LCC
A)can register the mark for protection.
B)cannot register a mark that has been used in commerce.
C)has committed trademark infringement.
D)must put off registration until the mark is out of use for six months.

Accepted Answer

LCC can still register the trademark for protection. It is not necessary for a mark to be registered in order to have legal protection, but registration does grant additional benefits and protections under the law. Since no one else has registered the mark, LCC may still be able to register it for their exclusive use.

Question 4

A copy must be exactly the same as the original to infringe a copyright.

Accepted Answer

A copy does not have to be exactly the same as the original to infringe a copyright. As long as the copy contains substantial similarities to the original work, it could still be considered infringement.

Question 5

Copy Products,Inc.,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Imitated Goods,Inc.Copy's unauthorized use of the mark constitutes trademark dilution provided
A)consumers are confused.
B)Copy and Imitated are competitors.
C)Copy's use is intentional.
D)Copy's use reduces the value of Imitated's mark.

Accepted Answer

Trademark dilution occurs when the unauthorized use of a similar mark reduces the value of the famous mark. Therefore, choice D is the correct answer. Choices A and C are irrelevant since confusion and intention are not necessary elements of trademark dilution. Choice B is also irrelevant because competitors are not required for trademark dilution to occur.

Question 6

Copyright protection is automatic-registration is not required.

Accepted Answer

Copyright protection is automatic as soon as a work is created, no registration is required. However, registration may be necessary to enforce certain rights and to receive certain benefits under the law.

Question 7

It is possible to copyright an idea.

Accepted Answer

Copyright law protects original works of authorship that are fixed in a tangible medium of expression. Ideas themselves are not tangible and therefore cannot be copyright protected. However, once an idea is expressed in a tangible form, such as a book or a screenplay, it can be protected by copyright.

Question 8

A person can reproduce copyrighted material for purposes such as teaching,including multiple copies for classroom use,without paying royalties.

Accepted Answer

According to the fair use doctrine, reproducing copyrighted material for educational purposes such as teaching is allowed. However, there are limits and guidelines to follow, such as the amount of material that can be reproduced and the effect on the potential market for the work. Additionally, certain educational uses may require obtaining permission from the copyright owner.

Question 9

Patent infringement occurs only if an invention is copied in its entirety.

Accepted Answer

Patent infringement can occur even if only a significant portion of the invention is copied. As long as the copied portion is an essential element of the invention and is protected by the patent, it can be considered infringement.

Question 10

There are no registration requirements for trade secrets.

Accepted Answer

Unlike patents, trademarks, and copyrights, trade secrets do not require registration with a government agency for legal protection. Trade secrets are protected under the law as long as they meet specific criteria, including being kept confidential and having economic value.

Question 11

Anyone who writes a book has automatic copyright protection in every country in the world.

Accepted Answer

Copyright protection is automatic in countries that are members of the Berne Convention, but not every country in the world is a member.

Question 12

The Madrid Protocol concerns trademarks.

Accepted Answer

The Madrid Protocol is an international treaty that deals with the registration of trademarks. It allows trademark owners to seek protection for their trademarks in multiple countries through a single application. Therefore, the Madrid Protocol concerns trademarks.

Question 13

In 2010,Online Marketing Corporation registers its trademark as provided by federal law.After the first renewal,this registration
A)is renewable every ten years.
B)is renewable every twenty years.
C)runs for the life of the corporation plus seventy years.
D)runs forever.

Accepted Answer

Trademark registration is renewable every ten years as per the federal law.

Question 14

Pricing information cannot be a trade secret.

Accepted Answer

Pricing information can be considered a trade secret and may be protected as such by a company. However, in certain circumstances, such as in response to a court order or under antitrust laws, pricing information may be required to be disclosed.

Question 15

A marketing technique can be a trade secret.

Accepted Answer

A marketing technique can be considered a trade secret if it is confidential and provides a competitive advantage to a company.

Question 16

Paula develops a new espresso machine,which she names "Quik Shot." She also writes the operating manual.Paula can obtain trademark protection for
A)the espresso machine.
B)the "newness" of the espresso machine.
C)the name.
D)the operating manual.

Accepted Answer

Trademark protection can be obtained for the name "Quik Shot."

Question 17

Exchanging pirated,copyrighted works with others is a not crime unless money is involved.

Accepted Answer

Exchanging pirated, copyrighted works with others without permission from the owner is illegal, regardless of whether money is involved or not. It is considered a violation of the owner's intellectual property rights.

Question 18

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java,Inc.,later markets a similar tasting drink under the name "KoKoKafe." This is most likely
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)a theft of trade secrets.

Accepted Answer

Trademark infringement occurs when a company uses a name, logo, or design that is similar to an existing trademark. In this case, Darkroast Java, Inc.'s use of the name "KoKoKafe" for a chocolate-flavored coffee drink is likely to cause confusion with Beans Coffee & Cocoa Company's "CoCoCafe" drink, and could lead consumers to believe they are purchasing the same product.

Question 19

A list of customers cannot be a trade secret.

Accepted Answer

A list of customers can be considered a trade secret if it provides a business advantage and is kept confidential.

Question 20

Downloading software or music into a computer's random access memory without authorization is copyright infringement.

Accepted Answer

It is illegal to download copyrighted software or music without permission from the copyright owner, and this act is considered copyright infringement.

Quiz 5: Intellectual Property and Internet Law