IP & Bankruptcy Flashcards
What is the name of the current federal bankruptcy law?
Bankruptcy Abuse Prevention & Consumer Protection Act of 2005
Bankruptcy liquidation is found in ___________ of the Bankruptcy Code
Chapter 7
If a business wants to file for bankruptcy to allow it to reorganize and emerge as a going business, it would file under ________________.
Chapter 11
The rehabilitation form of bankruptcy that can be filed by an individual is found in __________ of the Bankruptcy Code
Chapter 13
What does the 2005 Act require an individual filing for bankruptcy to receive before it files a petition?
Pre-Petition Counseling
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?
Fined & Sanctioned
Property that can be retained by a debtor in a bankruptcy case is called
Exempt Property
In terms of intellectual property law, tell what category of IP does Product formula fall under?
Trade Secrets
In terms of intellectual property law, what category of IP does Movie scripts fall under?
Copyright
In terms of intellectual property law, what category of IP do customer lists fall under?
Trade Secrets
In terms of intellectual property law, what category of IP do newspapers fall under?
Copyright
In terms if intellectual property law, what category of IP do machines fall under?
Patent
In terms if intellectual property law, what category of IP do processes fall under?
Patent
In terms if intellectual property law, what category of IP do asexually reproduced plants fall under?
Patent
If I steal a trade secret, am I subject to civil penalties, criminal penalties, neither, or both?
Civil penalties
Why was the Court of Appeals for the Federal Circuit in DC created?
To hear patent appeals in order to promote uniformity in patent law
Where must all patent applications be filed?
United States Patent & Trademark Office
How long does a patent last on an article of manufacture?
20 Years
GATT stands for ______________
General Agreement on Tariffs & Trade
WTO stands for ______________
World Trade Organization
For patents, the U.S. follows the “first to ___________” rule.
invent
If I write an opera, do I have to put a © on it to protect my copyright?
No
Where do I register a copyright?
United States Copyright Office
If I copy a small part of a novel for a paper I’m writing for a college class, am I violating copyright law?
No.
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?
Yes.
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?
Opinion of the court is allowed by the Fair Use Doctrine. Auto expert article would be copy right infringement.
DMCA stands for ____________
Digital Millennium Copyright Act
With what office are trademarks registered?
United States Patent & Trademark Office
For what period of time is a trademark registration valid?
10 years. Unlimited renewal every 10 years.
What is the legal significance of putting TM or SM on a mark?
No significance.
