Question 1

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Accepted Answer

A) True 
 B)False

Question 2

Trademarks may be used to protect the exclusive right to identify either products or services.

Accepted Answer

A) True 
 B)False

Question 3

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

Accepted Answer

A)   the total number of program steps that are substantially similar.
B)   the number of significant program steps that are substantially similar.
C)   whether the programs appear substantially similar in ordinary language.
D)   whether the programs appear substantially similar in machine language.

Question 4

Design patents have a duration of __________ years.

Accepted Answer

A)   10
B)   14
C)   17
D)   20

Question 5

Computer programs are subject to copyright protection.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is not the exclusive right of the holder of a copyright?

Accepted Answer

A)   to prepare works that are derived from the original work
B)   to obtain a court order enjoining use of the original work by another
C)   to distribute copies of recordings of the original work
D)   to display or perform the original work in public B

Question 7

Computer programs are subject to protection in the U.S. under:

Accepted Answer

A)   copyright laws.
B)   patent laws.
C)   trade secret laws.
D)   all of the above.

Question 8

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Accepted Answer

A)   implement security measures to prevent access by outsiders.
B)   enforce contractual nondisclosure agreements against departing employees.
C)   limit disclosure of such information to those with a need to know.
D)   all of the above.

Question 9

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Accepted Answer

A) True 
 B)False

Question 10

Under the Computer Software Copyright Act of 1980, a written program:

Accepted Answer

A)   must be written in object code in order to be protected.
B)   must be written in source code in order to be protected.
C)   is protected as any other copyrighted material, even if it is in written form.
D)   is protected as any other copyrighted material, but only if it is in written form.

Question 11

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Accepted Answer

A) True 
 B)False  True

Question 12

The type of patent that may be granted to developers of plant reproduction methods is called a:

Accepted Answer

A)   process patent.
B)   functional or utility patent.
C)   improvement patent.
D)   plant patent.

Question 13

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n) :

Accepted Answer

A)   design patent.
B)   functional or utility patent.
C)   improvement patent.
D)   plant patent.

Question 14

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Accepted Answer

A) True 
 B)False

Question 15

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Accepted Answer

A) True 
 B)False  False

Question 16

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Accepted Answer

A) True 
 B)False

Question 17

Herman Corporation is engaged in preparing a marketing campaign consisting of electronic and print images. Drawings and photographs for the campaign are coming from a variety of sources, including popular magazines, international newspapers, and web sources. The marketing vice president asserts that the company may use the images under the fair use doctrine. What factors should be considered in the application of the fair use doctrine?

Accepted Answer

Copyright law requires a consideration o...

Question 18

The Lanham Act grants protection for:

Accepted Answer

A)   marks.
B)   patents.
C)   copyrights.
D)   trade secrets.

Question 19

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Accepted Answer

A)   the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
B)   the nature of the copyrighted work.
C)   the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
D)   all of the above.

Question 20

Trademarks and service marks are recorded with the Register of Copyrights.

Accepted Answer

A) True 
 B)False

Exam 10: Intellectual Property Rights

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Correct Answer
verified

Trademarks may be used to protect the exclusive right to identify either products or services.

Correct Answer
verified

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

Correct Answer
verified

Design patents have a duration of __________ years.

Correct Answer
verified

Computer programs are subject to copyright protection.

Correct Answer
verified

Which of the following is not the exclusive right of the holder of a copyright?

Correct Answer
verified
B

Computer programs are subject to protection in the U.S. under:

Correct Answer
verified

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Correct Answer
verified

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Correct Answer
verified

Under the Computer Software Copyright Act of 1980, a written program:

Correct Answer
verified

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Correct Answer
verified
True

The type of patent that may be granted to developers of plant reproduction methods is called a:

Correct Answer
verified

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n) :

Correct Answer
verified

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Correct Answer
verified

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Correct Answer
verified
False

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Correct Answer
verified

Correct Answer
verified
Copyright law requires a consideration o...
View Answer

The Lanham Act grants protection for:

Correct Answer
verified

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Correct Answer
verified

Trademarks and service marks are recorded with the Register of Copyrights.

Correct Answer
verified

Exam 10: Intellectual Property Rights

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Correct AnswerverifiedShow Answer

Trademarks may be used to protect the exclusive right to identify either products or services.

Correct AnswerverifiedShow Answer

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

Correct AnswerverifiedShow Answer

Design patents have a duration of __________ years.

Correct AnswerverifiedShow Answer

Computer programs are subject to copyright protection.

Correct AnswerverifiedShow Answer

Which of the following is not the exclusive right of the holder of a copyright?

Correct AnswerverifiedB

Computer programs are subject to protection in the U.S. under:

Correct AnswerverifiedShow Answer

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Correct AnswerverifiedShow Answer

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Correct AnswerverifiedShow Answer

Under the Computer Software Copyright Act of 1980, a written program:

Correct AnswerverifiedShow Answer

To be patentable, an invention must be new and not obvious to a person of ordinary knowledge and skill in the art or technology to which the invention is related.

Correct AnswerverifiedTrue

The type of patent that may be granted to developers of plant reproduction methods is called a:

Correct AnswerverifiedShow Answer

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n) :

Correct AnswerverifiedShow Answer

To prevail in an action for trade dress infringement, a plaintiff must prove that its trade dress is distinctive and nonfunctional and the defendant's trade dress is confusingly similar to the plaintiff's.

Correct AnswerverifiedShow Answer

Once a mark is registered in accordance with federal law, the holder of the mark has the exclusive right to use the mark in perpetuity.

Correct AnswerverifiedFalse

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedCopyright law requires a consideration o...View AnswerShow Answer

The Lanham Act grants protection for:

Correct AnswerverifiedShow Answer

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Correct AnswerverifiedShow Answer

Trademarks and service marks are recorded with the Register of Copyrights.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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B

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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True

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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False

Correct Answer
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Correct Answer
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Copyright law requires a consideration o...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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