CH. 17 Protection & Licensing of Intellectual Property

Question 1

a license fee (usually granted by the government in exchange for a license)

Answer 1

royalty

Question 2

a limited permission to use a firm’s trademarks, copyrights, or know-how in making products for sale in the vicinity of the foreign company’s country.

Answer 2

license

Question 3

registering your trademark and actually putting it into the traffic of commerce or plan to within 6 months

Answer 3

first to file

Question 4

the registering of a domain name with the intent to profit from the goodwill of a trademark belonging to another.

Answer 4

cybersquatting

Question 5

intentional wrongful behavior with some negligence without a finding of intent.

Answer 5

bad faith

Question 6

the importation of merchandise produced and sold abroad and then imported back into the U.S. for sale in competition with the U.S. trademark owner.

Answer 6

gray market

Question 7

contractual arrangement in which the licensor’s patents, service marks, copyrights or know-hows are sold or otherwise made available to a licensee for compensation.

Answer 7

licensing of intellectual property

Question 8

requires a licensee to purchase supplied from the licensor or certified supplier

Answer 8

tying provisions

Question 9

regulate where licensee may sell good or service; may violate anti-trust laws of host nation

Answer 9

territorial restrictions

Question 10

designate the law of licensor or licensee as country to resolve dispute

Answer 10

choice of law

Question 11

describes the rights of licensee, along with restrictions

Answer 11

grant provisions

Question 12

includes identification of contracting parties and nature of agreement

Answer 12

preamble

Question 13

list of rights that are being trasnferred

Answer 13

recitals

Question 14

clarification of terms used throughout agreement

Answer 14

definitional terms

Question 15

licensor defines the appropriate avenues for sales for the licensed product.

Answer 15

channels of distribution

Question 16

licensee not to compete with licensor-heavily scrutinized provision of agreement by governments

Answer 16

covenant not to compete

Question 17

licensor reserves all rights not expressly transferred to licensee

Answer 17

reservation of rights of licensor

Question 18

licensor attempts to reserve future rights to improvements of goods

Answer 18

grant back provisions

Question 19

generate maximum sales

Answer 19

“best effort” clause

Question 20

indemnified for any liability stemming from licensor’s title or product

Answer 20

indemnification clause

Question 21

prohibit licensee from challenging the validity or exclusiveness of licensor’s intellectual property

Answer 21

validity or no challenge clause

Question 22

specific grounds upon which agreement can be terminated

Answer 22

termination clause

Question 23

grants trademark and patent rights to 3rd parties if they aren’t being used by the current holder

Answer 23

compulsory licenses

Question 24

refers to imports bearing a genuine trademark but imported by a party not authorized to import

Answer 24

gray market goods

Question 25

without authority.. makes, uses, offers to sell or sells a patented invention or an imports patented invention.

Answer 25

infingement

Question 26

need not be exact copying of an invention

Answer 26

doctrine of equivalents

Question 27

How long are patents generally protected?

Answer 27

20 years from date of application

Question 28

a secret information (or device) used in business to give a competitive advantage

Answer 28

trade secret

Question 29

employer employs a person to create copyright work

Answer 29

work for hire

Question 30

materials include government publication, generic terms, and materials whose copyright has expired

Answer 30

public domain

Question 31

small amount of work can be used for research, education, criticism and news reporting

Answer 31

fair use doctrine

Question 32

copyright owner’s rights terminate once copyright work is legally sold or a license sold

Answer 32

first sale

Question 33

can only copyright the expression of an idea, no the idea itself

Answer 33

copyright protection

Question 34

used to distinguish services of one person/company from another

Answer 34

service marks

Question 35

applies to companies and are protected by federal law as well

Answer 35

trade names

Question 36

refers to the image and overall appearance of the product

Answer 36

trade dress

Question 37

diminishing the selling power and value by unauthorized use

Answer 37

blurring

Question 38

trademark linked to shoddy quality or is portrayed in unsavory context

Answer 38

tarnishment

Question 39

lessening of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of competition between the owner of the famous mark and other parties or the liklihood of confusion

Answer 39

trademark dilution