Question 1

Utility patents require which of the following elements?

Accepted Answer

A)  Ornamentality
B)  Novelty
C)  Obviousness
D)  DistinctivenessE) B) and C)
F) A) and D)

Question 2

Federal trademark protection:

Accepted Answer

A)  lasts for fourteen years after registration.
B)  can be renewed for only a limited number of times.
C)  can be abandoned by non-use.
D)  All of these.E) A) and B)
F) C) and D)

Question 3

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

Accepted Answer

A)  only copyright the process.
B)  only patent the process.
C)  only protect the process as a trade secret without registration.
D)  Either patent the process or protect the process as a trade secret, depending on the other facts of the situation.E) All of the above
F) None of the above

Question 4

A patent lasts for the same period of time as a copyright.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following remedies is NOT available for patent infringement?

Accepted Answer

A)  Attorney fees in some but not all cases
B)  An accounting for profits
C)  Treble damages when appropriate
D)  Injunctive reliefE) B) and C)
F) A) and D)

Question 6

The owner of a collective mark must produce the goods it seeks to mark.

Accepted Answer

A) True 
 B)False  False

Question 7

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

Accepted Answer

A) True 
 B)False

Question 8

Federal protection of a registered trademark is perpetual.

Accepted Answer

A) True 
 B)False  False

Question 9

Intellectual property consists of which of the following?

Accepted Answer

A)  Trade secrets
B)  Patents
C)  Trade symbols
D)  All of these are considered intellectual property.E) C) and D)
F) B) and C)

Question 10

Incellmed Corporation is in the business of developing genetically engineered pharmaceutical products.It uses a number of highly technical secret processes in its business.Martin worked for the company for five years and then left after an argument with one of the vice presidents of the company.He then went to work for one of Incellmed's competitors, which has begun to market similar products that seem to have been produced using the secret processes developed and used by Incellmed.What, if any, recourse does Incellmed have under the circumstances?

Accepted Answer

Martin seems to have misappropriated tra...

Question 11

The characters and the names of a television show may be registered as collective marks.

Accepted Answer

A) True 
 B)False

Question 12

Injunctive relief is a common remedy under the Lanham Act.

Accepted Answer

A) True 
 B)False

Question 13

The Lanham Act prohibits "palming off" but not "reverse palming off."

Accepted Answer

A) True 
 B)False

Question 14

A sculptor wishes to protect one of his original works.He may do so by applying for a:

Accepted Answer

A)  copyright.
B)  patent.
C)  service mark registration.
D)  trademark registration.E) A) and D)
F) None of the above A

Question 15

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

Accepted Answer

A) True 
 B)False

Question 16

The Economic Espionage Act of 1996:

Accepted Answer

A)  defines trade secrets to include information only in tangible form.
B)  protects the owner of trade secrets regardless of the measures used to keep the information secret.
C)  provides for punishment of organizations that violate the act by subjecting them to fines of up to $5 million.
D)  narrowly defines theft of trade secrets.E) A) and B)
F) B) and D)

Question 17

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films in order to edit out language, violence, or sex.

Accepted Answer

A) True 
 B)False

Question 18

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

Accepted Answer

A) True 
 B)False

Question 19

To which of the following limitations are the rights of the holder of a copyright subject?

Accepted Answer

A)  Fair use
B)  Compulsory licenses
C)  Palming off
D)  Both fair use and compulsory licensesE) B) and C)
F) A) and B)

Question 20

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel
Ko, unless there was some unfair competition or a trade secret involved.

Accepted Answer

A) True 
 B)False

Exam 39: Protection of Intellectual Property

Utility patents require which of the following elements?

Correct Answer
verified

Federal trademark protection:

Correct Answer
verified

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

Correct Answer
verified

A patent lasts for the same period of time as a copyright.

Correct Answer
verified

Which of the following remedies is NOT available for patent infringement?

Correct Answer
verified

The owner of a collective mark must produce the goods it seeks to mark.

Correct Answer
verified
False

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

Correct Answer
verified

Federal protection of a registered trademark is perpetual.

Correct Answer
verified
False

Intellectual property consists of which of the following?

Correct Answer
verified

Correct Answer
verified
Martin seems to have misappropriated tra...
View Answer

The characters and the names of a television show may be registered as collective marks.

Correct Answer
verified

Injunctive relief is a common remedy under the Lanham Act.

Correct Answer
verified

The Lanham Act prohibits "palming off" but not "reverse palming off."

Correct Answer
verified

A sculptor wishes to protect one of his original works.He may do so by applying for a:

Correct Answer
verified
A

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

Correct Answer
verified

The Economic Espionage Act of 1996:

Correct Answer
verified

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films in order to edit out language, violence, or sex.

Correct Answer
verified

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

Correct Answer
verified

To which of the following limitations are the rights of the holder of a copyright subject?

Correct Answer
verified

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel Ko, unless there was some unfair competition or a trade secret involved.

Correct Answer
verified

Exam 39: Protection of Intellectual Property

Utility patents require which of the following elements?

Correct AnswerverifiedShow Answer

Federal trademark protection:

Correct AnswerverifiedShow Answer

Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business.To protect the process, Incellmed may:

Correct AnswerverifiedShow Answer

A patent lasts for the same period of time as a copyright.

Correct AnswerverifiedShow Answer

Which of the following remedies is NOT available for patent infringement?

Correct AnswerverifiedShow Answer

The owner of a collective mark must produce the goods it seeks to mark.

Correct AnswerverifiedFalse

A trade secret is commercially valuable information that is guarded from disclosure and is not general knowledge.

Correct AnswerverifiedShow Answer

Federal protection of a registered trademark is perpetual.

Correct AnswerverifiedFalse

Intellectual property consists of which of the following?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedMartin seems to have misappropriated tra...View AnswerShow Answer

The characters and the names of a television show may be registered as collective marks.

Correct AnswerverifiedShow Answer

Injunctive relief is a common remedy under the Lanham Act.

Correct AnswerverifiedShow Answer

The Lanham Act prohibits "palming off" but not "reverse palming off."

Correct AnswerverifiedShow Answer

A sculptor wishes to protect one of his original works.He may do so by applying for a:

Correct AnswerverifiedA

Proof of copyright infringement must demonstrate that the allegedly infringing work is identical to the copyrighted work.

Correct AnswerverifiedShow Answer

The Economic Espionage Act of 1996:

Correct AnswerverifiedShow Answer

The Family Entertainment and Copyright Act of 2005 established criminal penalties for willful copyright infringement of musical works or motion pictures, but does allow for the sale and use of technology that can skip content of films in order to edit out language, violence, or sex.

Correct AnswerverifiedShow Answer

Someone who is convicted of theft of trade secrets or of the attempt to steal trade secrets may face fines and imprisonment for up to 10 years, or both.

Correct AnswerverifiedShow Answer

To which of the following limitations are the rights of the holder of a copyright subject?

Correct AnswerverifiedShow Answer

An employee may quit the Tel Ko Company and then use information he learned at Tel Ko in competition with Tel Ko, unless there was some unfair competition or a trade secret involved.

Correct AnswerverifiedShow Answer

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False

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False

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Martin seems to have misappropriated tra...
View Answer

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A

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