IP & Bankruptcy Flashcards

1
Q

What is the name of the current federal bankruptcy law?

A

Bankruptcy Abuse Prevention & Consumer Protection Act of 2005

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2
Q

Bankruptcy liquidation is found in ___________ of the Bankruptcy Code

A

Chapter 7

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3
Q

If a business wants to file for bankruptcy to allow it to reorganize and emerge as a going business, it would file under ________________.

A

Chapter 11

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4
Q

The rehabilitation form of bankruptcy that can be filed by an individual is found in __________ of the Bankruptcy Code

A

Chapter 13

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5
Q

What does the 2005 Act require an individual filing for bankruptcy to receive before it files a petition?

A

Pre-Petition Counseling

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6
Q

If an attorney represents a debtor in a bankruptcy proceeding, and the information in one of the schedules is wrong, what kind of punitive measures can be ordered against the attorney by the court?

A

Fined & Sanctioned

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7
Q

Property that can be retained by a debtor in a bankruptcy case is called

A

Exempt Property

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8
Q

In terms of intellectual property law, tell what category of IP does Product formula fall under?

A

Trade Secrets

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9
Q

In terms of intellectual property law, what category of IP does Movie scripts fall under?

A

Copyright

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10
Q

In terms of intellectual property law, what category of IP do customer lists fall under?

A

Trade Secrets

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11
Q

In terms of intellectual property law, what category of IP do newspapers fall under?

A

Copyright

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12
Q

In terms if intellectual property law, what category of IP do machines fall under?

A

Patent

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13
Q

In terms if intellectual property law, what category of IP do processes fall under?

A

Patent

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14
Q

In terms if intellectual property law, what category of IP do asexually reproduced plants fall under?

A

Patent

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15
Q

If I steal a trade secret, am I subject to civil penalties, criminal penalties, neither, or both?

A

Civil penalties

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16
Q

Why was the Court of Appeals for the Federal Circuit in DC created?

A

To hear patent appeals in order to promote uniformity in patent law

17
Q

Where must all patent applications be filed?

A

United States Patent & Trademark Office

18
Q

How long does a patent last on an article of manufacture?

A

20 Years

19
Q

GATT stands for ______________

A

General Agreement on Tariffs & Trade

20
Q

WTO stands for ______________

A

World Trade Organization

21
Q

For patents, the U.S. follows the “first to ___________” rule.

A

invent

22
Q

If I write an opera, do I have to put a © on it to protect my copyright?

A

No

23
Q

Where do I register a copyright?

A

United States Copyright Office

24
Q

If I copy a small part of a novel for a paper I’m writing for a college class, am I violating copyright law?

A

No.

25
Q

What if I use an article by an industrial safety expert for s motion I’m drafting at a law firm? Is that a violation?

A

Yes.

26
Q

What’s the difference between my copying/using an article written by an auto accident expert and the opinion written by the court in an auto accident case in terms of copyright law?

A

Opinion of the court is allowed by the Fair Use Doctrine. Auto expert article would be copy right infringement.

27
Q

DMCA stands for ____________

A

Digital Millennium Copyright Act

28
Q

With what office are trademarks registered?

A

United States Patent & Trademark Office

29
Q

For what period of time is a trademark registration valid?

A

10 years. Unlimited renewal every 10 years.

30
Q

What is the legal significance of putting TM or SM on a mark?

A

No significance.