Untitled Quiz

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

Which of the following statements about intellectual property is true?

  • All statements are true (correct)
  • Only Statement III is true
  • Only Statement I is true
  • Only Statement II is true

What type of intellectual property grants an exclusive right to an inventor for a new and useful product?

  • Trademark
  • Copyright
  • Patent (correct)
  • Franchise

How can a patent be created or legally protected?

  • By experimenting over the invention
  • By notarization of the invention
  • By registration with Intellectual Property Office (correct)
  • By invention by the inventor

What is the typical legal duration of a patent's exclusivity?

<p>20 years (B)</p> Signup and view all the answers

Which of the following is not a requisite for obtaining a patent?

<p>It must be made by a scientist (B)</p> Signup and view all the answers

What criteria must an invention meet to be categorized as patentable?

<p>It must be new, involve an inventive step, and be applicable industrially (D)</p> Signup and view all the answers

Which statement accurately describes patentable inventions?

<p>They can relate to products, processes, or improvements (D)</p> Signup and view all the answers

What is a prerequisite for a technical solution to be patentable?

<p>It must solve a technical problem (A)</p> Signup and view all the answers

Which statement correctly reflects the rights of a mere distributor regarding trademark infringement?

<p>A distributor cannot assert protection as they hold no rights to the trademark. (A)</p> Signup and view all the answers

What is the primary concern in trademark infringement cases?

<p>The likelihood of confusion regarding the source of goods. (C)</p> Signup and view all the answers

Which factors are considered when determining the likelihood of confusion in trademark cases?

<p>All aspects including trademark resemblance, goods similarity, and purchaser effect. (D)</p> Signup and view all the answers

Which statement is accurate regarding trademark infringement and unfair competition?

<p>Infringement involves unauthorized use, while unfair competition involves misleading practices. (C)</p> Signup and view all the answers

What is the legal prerequisite concerning trademark registration in infringement cases?

<p>Prior registration is mandatory for all infringement suits. (B)</p> Signup and view all the answers

What can be inferred about the duration of a trademark registration?

<p>It lasts for 10 years and can be renewed for additional periods. (C)</p> Signup and view all the answers

In the context of trademark infringement, what is true regarding intent?

<p>Infringement does not require proof of fraudulent intent. (A)</p> Signup and view all the answers

Which of the following statements regarding unfair competition is true?

<p>It can involve passing off goods without being registered. (C)</p> Signup and view all the answers

What is one of the primary purposes of trademarks according to modern authorities on trademark law?

<p>They guarantee the articles come up to a certain standard of quality. (C)</p> Signup and view all the answers

Which of the following is a legitimate way to protect a trademark?

<p>By its usage by the owner. (A)</p> Signup and view all the answers

Which type of mark cannot be registered for protection?

<p>Marks consisting of shapes that lack distinctiveness. (C)</p> Signup and view all the answers

How long is the term of a trademark before it is subject to renewal?

<p>10 years. (A)</p> Signup and view all the answers

Which marks may NOT be registered according to trademark laws?

<p>Marks deemed misleading to the public. (A), Marks identical to an existing registered mark. (C)</p> Signup and view all the answers

Which type of trademark might face challenges in registration?

<p>Marks consisting of terms that are merely descriptive. (B)</p> Signup and view all the answers

What is NOT a function of trademarks based on the established views?

<p>Guaranteeing a specific price point. (D)</p> Signup and view all the answers

What contributes to the effective protection of a trademark?

<p>Registration with the Intellectual Property Office. (C)</p> Signup and view all the answers

What can a registered mark owner recover in case of infringement?

<p>Reasonable profit they would have made or the profit from the defendant's infringement (A)</p> Signup and view all the answers

What is the effect of a registered mark against someone using the mark in good faith before the filing date?

<p>It is void against such persons (C)</p> Signup and view all the answers

What type of right is granted to authors for their literary and artistic works?

<p>Copyright (B)</p> Signup and view all the answers

Which of the following best describes original works?

<p>Works produced in the literary, scientific, and artistic domain (C)</p> Signup and view all the answers

What is the typical copyright term for original and derivative works?

<p>Life of the author plus 50 years (B)</p> Signup and view all the answers

Which statement is true about an innocent infringer who prints infringing materials for others?

<p>The owner can only seek an injunction against future printing (A)</p> Signup and view all the answers

What does copyright protect?

<p>Original works of authorship (D)</p> Signup and view all the answers

How does a registered mark affect innocent users who were using it in good faith prior to registration?

<p>They can continue using the mark despite registration (C)</p> Signup and view all the answers

Which factor is NOT considered when determining fair use of copyrighted material?

<p>The length of the work used (A)</p> Signup and view all the answers

What does Statement II imply about substantial reproduction of a copyrighted work?

<p>Infringement can occur without large portions being copied (D)</p> Signup and view all the answers

What is one of the possible penalties for copyright infringement?

<p>Payment of actual damages to the copyright owner (C)</p> Signup and view all the answers

Which of the following best describes copyright infringement?

<p>Infringement occurs when the owner's consent is not obtained for any use (C)</p> Signup and view all the answers

Which outcome is associated with the infringement of a copyright right?

<p>Injunction to cease the infringing activity (C)</p> Signup and view all the answers

What is the term of protection for copyright in original and derivative works?

<p>The life of the author plus 30 years after his death (C)</p> Signup and view all the answers

Which statement regarding derivative works is correct?

<p>Both statements are true (B)</p> Signup and view all the answers

What acts do copyright or economic rights NOT protect?

<p>None of the above (D)</p> Signup and view all the answers

In the absence of proof to the contrary, who is presumed to be the author of a work?

<p>The person indicated on the work (C)</p> Signup and view all the answers

What is the nature of copyright in terms of its rights?

<p>It is a statutory right limited to what the statute confers (A)</p> Signup and view all the answers

To be entitled to copyright, a person must be what?

<p>The original creator who independently conjured the work (C)</p> Signup and view all the answers

Which of the following is NOT considered a derivative work?

<p>An original painting created by an artist (A)</p> Signup and view all the answers

Which of the following is a true statement about copyright presumption regarding audiovisual works?

<p>The corporate entity named is presumed to be the maker (B)</p> Signup and view all the answers

Flashcards

Copyright

Legal right granted to creators of literary or artistic works.

Patent

Exclusive right granted to inventors for new, inventive, and useful products or processes.

Trademark

Sign used to distinguish goods/services of a business.

Patentable Invention Requirements

Must be new, involve an inventive step, and be industrially applicable in any technical area.

Signup and view all the flashcards

Patent Duration

Exclusive rights granted by a patent last 20 years.

Signup and view all the flashcards

Patent Creation

Patents are created by registration with the Intellectual Property Office, not by invention alone.

Signup and view all the flashcards

Inventive Step

A degree of novelty or advancement over existing technologies (not just a simple variation).

Signup and view all the flashcards

Patentable Subject Matter

Patents can be granted for products, processes, and improvements to either of those.

Signup and view all the flashcards

Trademark Functions

Trademarks indicate ownership, guarantee quality, and advertise the product.

Signup and view all the flashcards

Trademark Creation

Trademarks are created through use and/or registration with the Intellectual Property Office.

Signup and view all the flashcards

Trademark Registration Restrictions

Marks that are generic, immoral, or too similar to existing marks cannot be registered.

Signup and view all the flashcards

Registerable Marks

Marks consisting of combinations of colors, shapes, and drawings can be registered for protection.

Signup and view all the flashcards

Unregisterable Marks

Marks that are generic, deceptive, or disparaging or those that mimic national symbols cannot be registered.

Signup and view all the flashcards

Trademark Term

Trademarks have a term (duration), which can be renewed indefinitely.

Signup and view all the flashcards

Trademark Protection Purpose

Trademarks protect the manufacturer's brand and its unique characteristics.

Signup and view all the flashcards

Functions of Trademarks

Trademarks are used to indicate source, guarantee quality, and promote products.

Signup and view all the flashcards

Trademark Infringement

Unauthorized use of a trademark, confusing consumers about the goods' source.

Signup and view all the flashcards

Likelihood of Confusion

Key issue in trademark cases; whether consumers might mistake one product for another.

Signup and view all the flashcards

Unfair Competition

Passing off one's goods as another's, misleading consumers.

Signup and view all the flashcards

Trademark Registration

Prerequisite for a trademark infringement action; proof of ownership needed.

Signup and view all the flashcards

Infringement - Fraudulent Intent

Not necessary for trademark infringement, unlike unfair competition.

Signup and view all the flashcards

Unfair Competition - Fraud

Fraudulent intent is needed and important to claim unfair competition.

Signup and view all the flashcards

Trademark Registration Period

Protection for 10 years, renewable for further 10-year periods.

Signup and view all the flashcards

Determining Likelihood of Confusion

Requires analyzing mark resemblance, goods' similarity, potential impact on buyers.

Signup and view all the flashcards

Copyright Duration

Copyright protection for original and derivative works lasts for the author's lifetime plus 30 years.

Signup and view all the flashcards

Derivative Works Protection

Copyright protects translations, adaptations, and other altered versions of original works; and collections of works based on original selection, coordination or arrangement.

Signup and view all the flashcards

Presumption of Authorship

The person whose name is on a work is assumed to be the author, unless proven otherwise, in the case of literary and audio-visual works.

Signup and view all the flashcards

Copyright Exclusive Rights

Copyright holders have exclusive rights to reproduce, adapt, and publicize their work; with some exceptions.

Signup and view all the flashcards

Copyright's Statutory Basis

Copyright protection is granted only by specific laws and regulations, not inherent.

Signup and view all the flashcards

Copyright's Requirements

To hold copyright, one must be the original creator.

Signup and view all the flashcards

Originality Requirement for Copyright

Creators must produce their work independently, by their skill and efforts, without imitation of others.

Signup and view all the flashcards

Copyright vs. Creator

Copyright only covers the creations of a creator.

Signup and view all the flashcards

Trademark Infringement Damages

The owner of a registered trademark can sue for damages from someone using it improperly. Damage can be the profit the owner would have made if the infringer didn't exist or the profit the infringer made.

Signup and view all the flashcards

Good Faith Trademark User

A person who uses a trademark before the registration date, without intent to harm, isn't subject to the registered trademark owner's rights.

Signup and view all the flashcards

Innocent Infringer Liability

If an infringer is just printing for others, the registered trademark owner can only stop them from continuing, not get damages.

Signup and view all the flashcards

Copyright

A legal right granted to the creator of literary and artistic works.

Signup and view all the flashcards

Copyright Subject Matter

Covers literary, scientific, and artistic works. Examples include books, music, film, and computer programs.

Signup and view all the flashcards

Copyright Term

Protection period is usually the author's life plus a certain number of years after death.

Signup and view all the flashcards

Original Work

A work produced from the original mind.

Signup and view all the flashcards

Copyright Protection Period

The specific period of legal protection granted to the creator of a copyright work.

Signup and view all the flashcards

Copyright Infringement Elements

Copyright infringement happens when someone uses a copyrighted work without permission, considering the use's nature, portion used, and market impact.

Signup and view all the flashcards

Copyright Infringement - Substantial Reproduction

Infringement doesn't need to copy the whole work. If a significant portion is taken and harms the original work's value, there's infringement.

Signup and view all the flashcards

Copyright Infringement Remedies

Infringers can be stopped (injunction), made to pay damages (actual, and profits) and forced to provide evidence of sales/activity.

Signup and view all the flashcards

Copyright infringement key factors

Copyright infringement is determined by factors including the purpose of the use, substantiality of the portion used from the whole copyrighted work and the effect of the use on the potential market for or value of the copyrighted work.

Signup and view all the flashcards

Elements of Copyright Infringement

Infringement occurs when someone takes action without permission, impacting the exclusive rights of the copyright holder.

Signup and view all the flashcards

Related Documents

More Like This

Untitled Quiz
55 questions

Untitled Quiz

StatuesquePrimrose avatar
StatuesquePrimrose
Untitled Quiz
18 questions

Untitled Quiz

RighteousIguana avatar
RighteousIguana
Untitled Quiz
50 questions

Untitled Quiz

JoyousSulfur avatar
JoyousSulfur
Untitled Quiz
48 questions

Untitled Quiz

StraightforwardStatueOfLiberty avatar
StraightforwardStatueOfLiberty
Use Quizgecko on...
Browser
Browser