Ch.6

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1. The Fair Use Doctrine is a defense often employed by the defendant in trademark infringement cases.
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Terms in this set (55)
1. The Fair Use Doctrine is a defense often employed by the defendant in trademark infringement cases.
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2. Formulas, inventions, and processes are not considered forms of intellectual property.
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3. Industrial espionage and competitive intelligence are essentially the same.
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4. Copyright infringement is the act of stealing someone's ideas or words and passing them off as one's own.
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5. The Lanham Act (also known as the Trademark Act) defines the use of a trademark, the process for obtaining a trademark, and the penalties associated with trademark infringement.
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6. Software, video games, multimedia works, and Web pages can all be copyrighted.
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7. Defining and controlling the appropriate level of access to intellectual property are complex tasks.
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8. The fair use doctrine denies portions of patented materials to be used without permission under any circumstance.
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9. Two software manufacturers could conceivably develop separate programs that perform the same functions in a nearly identical manner without infringing each other's copyrights.
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10. The The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008 increased trademark and copyright enforcement and substantially increased penalties for infringement.
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11. Copyright law protects authored works such as art, books, and film.T12. The World Trade Organization (WTO) developed the Agreement on Trade-Related Aspects of Intellectual Property Rights to establish the minimum levels of protection that each government must provide to the intellectual property of all WTO members.T13. The Digital Millennium Copyright Act (DMCA) was signed into law in 1998 and implements two 1996 WIPO treaties.T14. A trademark permits its owner to exclude the public from making, using, or selling a protected invention, and allows for legal action against violators.F15. Cross-licensing agreements between organizations allow each party to sue the other over patent infringements.F16. The main body of law that governs patents is contained in Title 35 of the U.S. Code.T17. The term of copyright has been extended several times from its original limit of 25 years to 35 years.F18. A trademark is business information that represents something of economic value, has required effort or cost to develop, has some degree of uniqueness or novelty, is generally unknown to the public, and is kept confidential.F19. The World Intellectual Property Organization (WIPO) Copyright Treaty of 1996 eliminated many of the original copyright protections for electronic media.F20. A copyright is the exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work.T21. Because organizations can risk losing trade secrets when key employees leave, they often try to prohibit employees from revealing secrets by adding non-compete clauses to employment contracts.F22. Reverse engineering can only be applied to computer hardware, not computer software.F23. Using reverse engineering, a developer can use the code of the current database programming language to recover the design of the information system application.T24. Open source code is any program whose source code is made available for use or modification, as users or other developers see fit.T25. A common use of open source software is to move data from one application to another and to extract, transform, and load business data into large databases.T26. In what year was The Digital Millennium Copyright Act (DMCA) signed into law? a. 1992 b. 1998 c. 1990 d. 1996b. 199827. Patent law protects which of the following? a. art and film b. information critical to an organization's success c. books d. inventionsd. inventions28. Which of the following imposes penalties of up to $10 million and 15 years in prison for the theft of trade secrets? a. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Actb. Agreement on Trade-Related Aspects of Intellectual Property Rights b. The Economic Espionage Act (EEA) of 1996 c. The Lanham Actb. The Economic Espionage Act (EEA) of 199629. The process of taking something apart in order to understand it, build a copy of it, or improve it is known as which of the following? a. Plagiarism b. Patent infringement c. Reverse engineering d. Decompilingc. Reverse engineering30. Which of the following terms is defined as the existing body of knowledge available to a person of ordinary skill in the art? a. Prior experience b. Known facts c. Body of practice d. Prior artd. Prior art31. How many classes of items did the U.S. Supreme Court rule could not be patented? a. two b. three c. four d. fived. five32. Copyright and patent protection was established through which of the following? a. the Bill of Rights b. the U.S. Federal Codes and Statutes c. the U.S. Constitution d. various state lawsc. the U.S. Constitution33. A patent is a grant of a property right issued by which entity? a. USPS b. USPTO c. FTC d. SECb. USPTO34. Which act was drafted in the 1970s to bring uniformity to all the United States in the area of trade secret law? a. The Economic Espionage Act (EEA) b. Defend Trade Secrets Act (DTSA) c. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act d. Uniform Trade Secrets Act (UTSA)d. Uniform Trade Secrets Act (UTSA)35. Which of the following enables a DVD player or a computer drive to decrypt, unscramble, and play back motion pictures on DVDs, but not copy them? a. Time Warner Cable system b. RIAA c. DeCSS d. Content Scramble System (CSS)d. Content Scramble System (CSS)36. Which of the following increased trademark and copyright enforcement and substantially increased penalties for infringement? a. Digital Millennium Copyright Act (DMCA) b. General Agreement on Tariffs and Trade c. Agreement on Trade-Related Aspects of Intellectual Property Rights d. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Actd. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act37. Which of the following established the minimum levels of protection that each country must provide to all WTO members? a. World Trade Organization (WTO) b. Digital Millennium Copyright Act (DMCA) c. The World Intellectual Property Organization (WIPO) d. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)d. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)38. Which of the following can read the machine language of a software program and produce the source code? a. compiler b. open source decoder c. re-engineering device d. decompilerd. decompiler39. What is the name of the agreement that prohibits a departing employee from working for any competitors for a period of time? a. noncompete agreement b. license agreement c. nondisclosure agreement d. union agreementa. noncompete agreement40. Unlike traditional copyright law, which of the following acts does not govern copying; instead, it focuses on the distribution of tools and software that can be used for copyright infringement as well as for legitimate non-infringing use? a. TRIPS Agreement b. Digital Millennium Copyright Act (DMCA) c. WIPO Copyright Treaty d. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Actb. Digital Millennium Copyright Act (DMCA)41. Which of the following allows portions of copyrighted materials to be used without permission under certain circumstances? a. Plagiarism b. Copyright infringement c. Fair use doctrine d. Use of prior artc. Fair use doctrine42. One of the tests that an invention must pass to be eligible for a patent is which of the following? a. it must be a machine b. it must not be economical to produce c. it must be capable of providing economic benefit d. it must be obvious to a person having ordinary skill in the same fieldd. it must be obvious to a person having ordinary skill in the same field43. Which act allows trademark owners to challenge foreign cybersquatters who might otherwise be beyond the jurisdiction of U.S. courts? a. ACPA b. PRO-IP Act c. Economic Espionage Act d. CAN-SPAM Acta. ACPA44. Which of the following was a legislator and former singer and entertainer who co-sponsored the Copyright Term Extension Act? a. Frank Sinatra b. Sonny Bono c. Dean Martin d. Sammy Davis Jr.b. Sonny Bono45. Which of the following requires member governments to ensure that intellectual property rights can be enforced under their laws and that penalties for infringement are tough enough to deter further violations? a. TRIPS agreement b. DMCA c. PRO-IP Act d. WIPO Copyright Agreementa. TRIPS agreement46. Which of the following claims as its invention some feature or process embodied in instructions executed by a computer? a. trade secret b. software patent c. cross-licensing agreement d. patent infringementb. software patent47. The redistribution of a program code with no copyright as a proprietary software can be avoided by using which of the following? a. nondisclosure clause b. open source license c. patent protection d. copyright termb. open source license48. Firefox and OpenOffice are all examples of which of the following? a. Web browsers b. utility software c. products developed through re-engineering d. open source softwared. open source software49. One key advantage that trade secret law has over the use of patents and copyrights in protecting companies from losing control of their intellectual property is: a. the time limitation for a trade secret is longer than for patents and copyrights b. no royalties must be paid on trade secrets c. trade secrets can become part of the prior art and be used to protect patents and copyrights d. there is no need to file an application or disclose a trade secret to gain protectiond. there is no need to file an application or disclose a trade secret to gain protection50. Which of the following is a logo, package design, phrase, sound, or word that enables a consumer to differentiate one company's products from another's? a. trade secret b. watermark c. trademark d. earmarkc. trademark51. Cybersquatters: a. frequently launch denial-of-service attacks against popular Web sites b. register domain names for famous trademarks or company names to which they have no connection c. remain connected to popular Web sites for extremely long periods of time making it difficult for others to obtain service d. employ phishing tactics using the domain names of popular Web sitesb. register domain names for famous trademarks or company names to which they have no connection52. The courts have ruled in favor of using reverse engineering to: a. allow the domination of a particular software market by a single manufacturer b. provide access to protected elements of an original work c. circumvent restrictive trade secrets d. enable interoperabilityd. enable interoperability53. Under which act was the U.S. patent system changed from a "first-to-invent" to a "first-inventor-to-file" system? a. Economic Espionage Act b. Lanham Act c. Uniform Trade Secrets Act d. Leahy-Smith America Invents Actd. Leahy-Smith America Invents Act54. Legally obtained information that is gathered to help a company gain an advantage over its rivals is called which of the following? a. prior art b. industrial espionage c. competitive intelligence d. trade secretsc. competitive intelligence55. Which of the following terms is used to describe the act of stealing someone's ideas or words and passing them off as one's own? a. Plagiarism b. Cybersquatting c. Reverse engineering d. Patent trollinga. Plagiarism