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More Paralegal Review > Intellectual Property > Flashcards

Intellectual Property Flashcards

1
Q

Intellectual Property

A

Creations of the mind for which a set of exclusive rights are recognized

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2
Q

Examples of Intangible Assets

A

Music, Literary works, artistic works, inventions, words, phrases, symbols and designs.

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3
Q

5 Kinds of IP Law

A 
Copyrights
Trademarks
Patents
Industrial Design Rights
Trade Secrets
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4
Q

Examples of Trade Secrets

A

Formulas, Patterns, designs customer lists

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5
Q

Owner of a trade secret must take

A

all reasonable precautions such as locks, fencing or security guards to preserve secret

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6
Q

Stealing a trade secret subjects you to _______ and _________ penalties

A

Civil

Criminal

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7
Q

Federal Economic Espionage Act of 1996

A

Federal Crime for any person to convert trade secret to his or her benefit or the benefit of others

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8
Q

Porvides an incentive for inventors to invent and make their inventions public and to protect them from infringement

A

Federal Patent Statute of 1952

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9
Q

USPTO

A

United States Patent and Trademark Office

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10
Q

Patent applications must be filed with ____________

A

USPTO

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11
Q

`Invention must be

A

novel
useful
nonobvious

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12
Q

Patentable subject matter includes

A

machines, processes, composition of matter etc..

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13
Q

Patent holders usually affix the word __________ or ______ and the ___________ to the patented article

A

patent
pat.
patent number

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14
Q

If patent app. is filed but a patent has not yet been issued, the words __________ __________ are place on the article

A

patent pending

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15
Q

Patents on articles of manufacture and processes are valid for ____________

A

20 years

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16
Q

Design patents are valid for ___________

A

14 years

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17
Q

GATT

A

General Agreement on Tariffs and Trade

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18
Q

WTO

A

World Trade Orginization

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19
Q

US still follows _______________rule rather than ______________

A

first to invent

first to file

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20
Q

Patent holders own ___________________and ___________their patent.

A

exclusive right to use

exploit

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21
Q

Patent infringement

A

occurs when someone makes unauthorized use of another’s patent

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22
Q

A patnet may not be granted if the invention was used by the public for more than one year prior to filing.

A

Public Use Doctrine

23
Q

Where do you register Copyrights

A

U.S. Copyright Office

24
Q

Established the requirements for obtaining a copy right and protects copyrighted works from infringement

A

Copyright Revision Act

25
Q

Tangible writings

A

writings that can be physically seen are the only ones subject to copyright registration and protection

26
Q

Registration itself does not

A

create the copyright

27
Q

Registration is ________________and _____________ and can be done at _____________during term of

A

permissive
voluntary
any time
copyright

28
Q

In order for writing to be protected the work must be __________________

A

the original work of the author

29
Q

Copyright term

A

life of the author plus 70 years

30
Q

Corporation owned copyright is good for the shorter of ___________________

A

95 years from date of publication

120 years from date of creation

31
Q

When a party copies a substantial and material part of the copyrighted work without permission

A

copyright infringement

32
Q

Copyright infringement does not have to be

A

word for word or even the whole work.

33
Q

Fair Use Doctrine

A

permits limited unauthorized use of copyrighted materials

34
Q

Software Amendment

A

1980 law amended Copyright Act of 1976 to include computer programs

35
Q

Computer program

A

a set of statement or instructions to be used directly or indirectly in a computer in order to bring about a certain result

36
Q

DMCA

A

Digital Millennium Copyright Act

37
Q

What does DMCA do

A

Prohibits unauthorized access to copyrighted digital works by circumventing the wrapper or encryption technology

38
Q

What Act prohibits the manufacture and distribution of technologies designed to circumvent wrappers or encryption on computer programs

A

DMCA

39
Q

Prevents consumers from being confused as to origin of goods and services

A

Trademark

40
Q

Mark

A

collective name for trademarks, service marks, certification marks and collective marks

41
Q

Original registration is valid for _______and can be renewed for an ___________number of ___________periods

A

10 years
unlimited
10 years

42
Q

Trademark

A

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

43
Q

Three Trademark examples

A

Coca Cola, Xerox, IBM

44
Q

What is the symbol for a Registered Trademark

A

®

45
Q

Service Mark

A

Used to distinguish the services of the holder form those of its comptetitors

46
Q

Examples of Service Marks

A

United Airlines, Marriott Hotels, Weight Watchers

47
Q

Certification Marks

A

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

48
Q

Examples of Certification Marks

A

Napa Valley, Florida Oranges

49
Q

Who is owner of Certification Marks

A

Usually non-profit corp. that licenses producers that meet standards and conditions

50
Q

Collective Marks

A

Used by cooperatives, associations and fraternal orginizations

51
Q

Example of Collective Mark

A

Boy Scouts of America

52
Q

What cannot be a Mark

A 
Flag or coat of arms form state or nation
Immoral or Scandalous marks
Geographical Names by themselves
Surnames standing alone
Any mark that resembles reg. mark
53
Q

What happens when term becomes descriptive rather than distinctive?

A

Loses protection under federal trademark law

54
Q

Examples of descriptive terms

A

Kleenex, Xerox, Toll House Cookies, escalator, cornflakes

More Paralegal Review (18 decks)

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