Intellectual Property

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Question 1

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The justification for intellectual property is the same as for the private property system.

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Question 2

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The protections of property often do not apply automatically to ownership of intangible knowledge resources.

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Question 3

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Once information is in the public domain, an intellectual property right can be applied to recapture it.

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Question 4

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To qualify as a trade secret, the knowledge protected must have economic value.

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Question 5

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To protect knowledge or information as a trade secret, the business must prove that it took special and extraordinary measures to keep that knowledge and information secret.

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Question 6

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Misappropriation occurs when one discloses information that one was under a duty to keep secret, even if the original acquisition was proper.

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Question 7

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Recreating, through legitimate means, the same information that another considers to be a trade secret is still considered misappropriation.

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Question 8

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Employers can only enforce a covenant not to compete if they can show a valid business purpose for doing so.

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Question 9

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An injunction is an order by a judge either to do something or to refrain from doing something.

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Question 10

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Although there are civil penalties for stealing trade secrets, no criminal penalties exist at this current time.

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Question 11

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A patent is a legal monopoly in the tangible resource of copying and marketing a new invention.

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Question 12

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Design patents apply to the appearance of an article of manufacture, unrelated to its function.

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Question 13

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Under patent law even if an invention is otherwise new, it fails the novelty test if it has been described in a publication, sold, or put to public use more than one year before a patent application on it is filed (the one-year rule).

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Question 14

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Trademarks indicate a specific producer.

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Question 15

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Monster.com, a job search website, is an example of a collective mark.

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Question 16

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Trade dress refers to a color or shape associated with a product or service.

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Question 17

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When an owner does not defend against the unauthorized use of a trademark, the trademark is most likely to become generic.

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Question 18

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The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.

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Question 19

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Fair use of a registered trademark is allowed by the Economic Espionage Act.

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Question 20

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The Federal Trademark Dilution Act prohibits the use of a mark that is the same or similar to a "famous" trademark only when the owner of the "famous" trademark can prove public confusion regarding the two marks.

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