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Paralegal > Intellectual Property > Flashcards

Intellectual Property Flashcards

1
Q

Under …………….. law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical works, literary works, artistic works, discoveries, inventions, words, phrases, symbols, and designs.

A

Intellectual Property

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2
Q

Kinds of IP Law

A 
Copyrights
Trademarks
Patents
Industrial Design Rights
Trade Secrets
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3
Q

……………………….Include product formulas, patterns, designs, compilations of data, customer lists, and other business secrets.

A

Trade Secrets

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4
Q

……………….are not necessarily covered by patents, copyrights, or trademarks because they don’t qualify or they’re simply not patented, copyrighted, or trademarked

A

Trade Secrets

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5
Q

The owner of a……….. must take all reasonable precautions (like fencing, locks, security guards) to prevent others from discovering it.

A

trade secret

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6
Q

Trade Secret Lawsuits are…………

A

Civil lawsuit

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7
Q

If the trade secret lawsuit is successful, a plaintiff can …………

A

Recover the profits made by the offender from the use of the trade secret;
Recover for damages; and
Obtain an injunction prohibiting the offender from divulging or using the trade secret.

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8
Q

Under the………………………….. it’s a federal crime for any person to convert a trade secret to his or her benefit or for the benefit of others, knowing or intending that doing so would cause injury to the owner of the trade secret.

A

Federal Economic Espionage Act of 1996,

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9
Q

Penalties for espionage for an organization include fines of up to……….. per criminal act. For individuals, they can face up to………………….. per criminal violation

A

$5 million

15 years in prison

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10
Q

The …………………….provides an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement

A

Federal Patent Statute of 1952

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11
Q

……………………………………………….was created in 1982 to hear patent appeals in order to promote uniformity in patent law.

A

The Court of Appeals for the Federal Circuit in DC

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12
Q

USPTO stands for

A

United States Patent and Trademark Office

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13
Q

Patent application must be filed with ……………

A

United States Patent and Trademark Office

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14
Q

Patentable subject matter includes

A

machines, processes, compositions of matter, improvements to existing machines, processes, or composition of matter, designs for an article of manufacture, asexually reproduced plants, and living material invented by a person.

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15
Q

Patent holders usually affix the Word……………. and the patent number to the patented article.

A

Patent or Pat

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16
Q

If the patent application is filed but a patent has not yet been issued, the applicant usually places the words …………………on the article.

A

patent pending

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17
Q

Patents on articles of manufacture and processes are valid for ……………. (design patents for ………………), starting when the application was filed.

A

20 years

14 years

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18
Q

GATT stands for……..

A

the General Agreement on Tariffs and Trade

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19
Q

WTO stands for………….

A

World Trade Organization

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20
Q

In 1994, the GATT established the………………

A

General Agreement on Tariffs and Trade (GATT)World Trade Organization (WTO).

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21
Q

For patents the US still follows the…………….rule rather than the ………………….rule followed by some other countries.

A

“first to invent”

“first to file”

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22
Q

Patent holders own…………………. to use and exploit their patent.

A

exclusive rights

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23
Q

The …………………………….says that a patent may not be granted if the invention was used by the public for more than one year prior to filing.

A

Public Use Doctrine

24
Q

A……………………….. is the exclusive legal right to reproduce, publish, and sell, literary, musical, or artistic work.

A

copyright

25
Q

The ……………………………….. established the requirements for obtaining a copyright and protects copyrighted works from infringement

A

Copyright Revision Act

26
Q

…………..is another area of patent law

A

Copyrights

27
Q

Only tangible …………………..are subject to copyright registration and protection.

A

writings

28
Q

The term writing has been broadly defined to include

A

books, periodicals, newspapers, lectures, sermons, addresses, musical compositions, plays, movies, radio and television productions, maps, works of art, paintings, drawings, sculpture, jewelry, glassware, tapestry, lithographs, architectural drawings and models, photographs, prints, slides, filmstrips, greeting cards, postcards, films, cartoons, sound recordings.

29
Q

To be protected under federal copyright law, the work must be ……………………….of the author.

A

the original work

30
Q

Does registration itself create the copyright?

A

no

31
Q

The term of a copyright now is……………………..

A

the life of the author plus 70 years.

32
Q

If a corporation owns the copyright, it is good for …………………………..from the date of publication or from the date of creation, whichever is shorter.

A

95 years

120 years

33
Q

Occurs when a party copies a substantial and material part of the plaintiff’s copyrighted work without permission.

A

Copyright Infringement

34
Q

The law permits limited unauthorized use of copyrighted materials under the …………………

A

Fair Use Doctrine

35
Q

Fair Use Doctrine permits……………………………..

A

Quotation of the copyrighted work for review or criticism or in a scholarly or technical work;
Use in a parody or satire;
Brief quotation in a news report;
Reproduction by a teacher or student of a small part of the work (usually <10%) to illustrate a lesson;
Incidental reproduction of a broadcast of an event being reported; and
Reproduction of a legislative or judicial work.

36
Q

……………………………is defined as “a set of statement or instructions to be used directly or indirectly in a computer in order to bring about a certain result.”

A

Computer program

37
Q

DMCA stands for……………and was enacted by……………

A

Digital Millennium Copyright Act

Congress

38
Q

What the DMCA does

A

Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology that protects the IP; and
Prohibits the manufacture and distribution of technologies, products, or services designed primarily for the purpose of circumventing wrappers or encryption protection.

39
Q

DMCA has civil and criminal penalties up to ……………. fine and ………..in prison.

A

$1 million

10 years

40
Q

…………………….is intended to:
Protect the owner’s investment and goodwill in a mark; and
Prevent consumers from being confused as to the origin of goods and services.

A

Trademark law

41
Q

……………….is the collective name for trademarks

A

Mark

42
Q

Trademarks are registered with the …………………….

A

USPTO.

43
Q

Original registration for trademarks is valid for ……………… Renewed for an unlimited number of

A

10 years.

10-year periods.

44
Q

A …………………………. is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business.

A

trademark

45
Q

For example, the words………………………. are trademarks.

A

Xerox, Coca-Cola, and IBM

46
Q

A………………… is used to distinguish the services of the holder from those of its competitors.

A

service mark

47
Q

Examples of service marks are trade names like……………………………

A

United Airlines, Marriott Hotels, and Weight Watchers.

48
Q

A…………………………. is used to verify that goods and services are of a certain quality or originate from specific geographical areas.

A

certification mark

49
Q

Examples of certification marks are………..

A

Napa Valley of California or Florida oranges.

50
Q

The owner of the mark usually is a…………………….. that licenses producers that meet certain standards or conditions to use the mark.

A

nonprofit corporation

51
Q

A………………………. is used by cooperatives, associations, and fraternal organizations.

A

collective mark

52
Q

An example of a collective mark is

A

“Boy Scouts of America.”

53
Q

What cannot be a mark

A

A flag or coat of arms of the U.S., any state, or foreign nation;
Marks that are immoral or scandalous;
Geographical names standing alone (the “South”);
Surnames standing alone (but ok with a picture or fanciful name like “Smith Brothers’ Cough Drops);
Any mark that resembles a mark already registered with the USPTO.

54
Q

Can a Name of a product lose protection under federal trademark law because it has become descriptive rader tan distinctive?

A

yes

55
Q

Give examples of names that have lost their trademark

A

kleenex, escalator, wind surfer, trampoline, cornflakes, kerosene, toll house cookies, and xerox.

Paralegal (25 decks)

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