exam 5 study guide Flashcards
What is intellectual property?
an economically significant type of intangible personal property that includes trade secrets, trade symbols, copyrights, and patents.
Infringement?
When a person without authorization uses a substantially indistinguishable mark that is likely to cause
confusion mistake or deception
What is a trade secret? What are examples of trade secrets?
secret information such as, customer lists or contracts with suppliers, secret formulas, processes and production methods.
Why would some businesses decide not to file for a patent to protect their IP?
patents cant be renewed, so once it expires anyone can own the patent
What is a copyright?
exclusive right, usually for the authors life plus seventy years, to original works or authorship
Is registration of copyright required to protect from infringement?
must establish that he owns the copyright. No, but it will give you more remedies
What is patentability?
to be patentable as a utility patent, the invention must be 1) novel 2) useful and 3) not obvious
Name 3 examples of unfair labor practices
unfair labor
- interfering with right to unionize
- refusing to bargain in good faith
- discriminating against union members
- dominating the union
- discriminating against an employee
name examples of unfair union practices
unfair union
- coercing an employee to join the union
- refusing to bargain in good faith
- causing an employer to discriminate against a nonunion employee
- featherbedding
- picketing an employer to require recognition of an uncertified union
- engaging in secondary activity
- levying excessive or discriminatory dues
A files a claim of discrimination on the basis of race against her employer with the EEOC. The employer learns of the charge and assigns A to do less desirable tasks and cuts her hours. What additional charge can A levy against her employer?
Retaliation
What is the EEOC?
Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
What does it do? What kind of role does it have, is it an advocate for the claimant employee?
enforcement agency for the Civil Rights Act
1) files legal actions in its own name or to intervene in actions filed by third parties
2) to attempt to resolve alleged violations through informal means prior to bringing suit
3) to investigate all charges of discrimination
4) to issue guidelines and regulations concerning enforcement policy
Name three protected statuses under federal law? Can the sates add to the list of protected statuses? Give an example
gender, race, religion, age
states can change
What is sexual harassment? What are the two types of sexual harassment?
hostile work environment and quid pro quo
Which doctrine allows, in the absence of a contract, an employee to quit for any reason and an employer to terminate employment of an employee at any time and for any reason?
at will employment contract
Give an example of a limitation on the at will employment doctrine
if the employment is for a specific term, or represented by a labor union
A works in a Ford plant. A injures herself while attempting to place a fender on a Ford pickup truck. What relief does A have? What is the basis of recovery?
workers comp
strict liability
What are the legal bases for an accountant’s legal responsibility?
contract law, tort law, criminal liability
What are “working papers”
all the paperwork involved in a case
Is there an accountant - client privilege?
no, but there is an attorney client privilege
