Introduction_to_Intellectual_Property_2PYaEdp-40

Prévia do material em texto

10. In which country did trade secret law first originate in the early 1800s?
A. France.
B. The United States.
C. England.
11. What impact did the Uniform Trade Secrets Act (UTSA) of 1979 have on trade secret protection in the
United States?
A. It was the first trade secret law binding on every state.
B. It served as a model that was adopted by 48 of the 50 U.S. states.
C. It served as a model that was adopted by every state.
12. Which of the following best describes the problem with the current lack of uniform federal protection of
trade secrets?
A. There is no real protection against misappropriation of trade secrets.
B. The protections against trade secret theft are very uneven.
C. A federal trade secret law would merely replicate state protections.
13. Which of the following could be considered a trade secret so long as reasonable steps had been taken to
prevent its disclosure?
A. Sales information.
B. Customer lists.
C. Manufacturing techniques.
D. All of the above.
14. Is information not known to the public considered to be a trade secret?
A. Yes.
B. No.
C. It depends.
15. Would a customer list always be considered a trade secret?
A. It depends on whether the customers want to be identified or not.
B. To be considered a trade secret, the names of customers must not be available or discernable
through public sources.
16. Can a mere idea be considered a trade secret?
A. No. Just as you cannot patent or copyright a mere idea, you cannot protect a mere idea with a trade
secret.
B. Yes. Under the Uniform Trade Secrets Act, even an idea can sometimes be considered a trade secret.
17. To gain trade secret protection, what must the owner do with confidential information?
A. Publicize it as widely as possible.
B. Not disclose it.
C. Take active steps to keep the information secret.
18. What are the benefits of developing a written trade secret plan?
A. It serves as a policy manual that prevents situations in which unwritten rules are followed and security
procedures are ignored.
B. In the event of litigation, it can serve as proof that you took active steps to keep the information
secret.
C. Both of these.
186 5 • Assessment Questions
Access for free at openstax.org.
19. How should companies handle written trade secrets?
A. Shred them.
B. Mark them “secret” or “confidential,” among other measures taken.
C. Never store them on a computer.
20. Which of these is an example of “passive disclosure” of a trade secret?
A. Leaving confidential documents lying around for anyone to see.
B. Inadvertently disseminating information at trade shows or conferences.
C. Disclosing confidential information in press releases, newspaper articles, or marketing collateral.
21. What is one way to guard against the active disclosure of trade secret information?
A. Prevent employee attendance at trade shows and seminars.
B. Appoint a trade secret committee to approve publications, speeches, and marketing collateral prior to
disclosure.
C. Avoid meeting with prospective buyers, customers, or licensees.
22. Which of the following is NOT an example of misappropriation of a trade secret?
A. Acquisition of a trade secret through improper means.
B. Deliberate disclosure of a trade secret by the trade secret owner.
C. Disclosure of a trade secret without consent.
23. The UTSA not only prohibits the actual disclosure or use of a trade secret, it also protects against the
“threatened” disclosure of trade secrets. When might a court intervene to stop a “threatened” disclosure
before the actual disclosure takes place?
A. An employee goes to work for another company in a different industry.
B. An employee caught embezzling is fired and the employer believes the same lack of morals will lead
to the fired employee disclosing trade secrets.
C. An employee goes to work for an arch competitor in a comparable job position.
24. The burden of proof in a threatened trade secret misappropriation case lies with whom?
A. The trade secret owner.
B. The former employee who leaves to go work for a competitor.
C. The competitor, who must prove he did no wrong by hiring the ex-employee.
25. What remedies does the UTSA provide for the misappropriation of trade secrets? (Choose all that apply.)
A. Criminal penalties of up to five years for a first offense.
B. Statutory damages.
C. Injunctive relief.
D. Exemplary damages.
E. Attorneys’ fees.
26. What remedies were imposed in the case of Mattel, Inc. v. MGA Entm’t, Inc. in 2013?
A. An injunction barring a new employer from hiring the former employee of the trade secret owner.
B. $85 million in exemplary (punitive) damages awarded to the trade secret owner.
5 • Assessment Questions 187
188 5 • Assessment Questions
Access for free at openstax.org.
A Glossary
Chapter 1
• bargain or contract theory The premise that people will be encouraged to invent new products and
services that benefit society if they are likely to profit by doing so.
• design patents A type of patent granted to protect new, original, and non-obvious ornamental designs
for articles of manufacture.
• first office action A document in which the patent examiner approves, rejects, or requires additional
information about the claims and/or other elements of the application.
• intellectual property Creations of intellect, such as inventions and artistic works.
• natural rights theory The premise that the product of mental labor is by all rights the property of its
creator, no less than the product of physical labor is the property of its creator (or of the person who
purchases it from that creator).
• non-obviousness A patent requirement that ensures that the idea is inventive.
• non-practicing entities An entity created by the Founding Fathers to expand the pool of inventors in their
then-backward economy to include ordinary citizens without the wealth or resources to commercialize
their own inventions.
• novelty A patent requirement that ensures that the idea is new.
• ornamentality A parent requrement that ensures that the idea is decorative.
• patent examiner The person who reviews the patent application to determine if the invention meets the
statutory requirements for patentability.
• patent An intellectual property right granted by the government of a nation to an inventor that gives
them the exclusive right to the invention for up to 20 years, in exchange for disclosing the details of the
new technology to society for its ultimate benefit.
• plant patents A type of patent to protect new species of plants. The criteria is novelty, distinctiveness, and
non-obviousness.
• utility patents The most common type of patents, which preclude others from making, using, or selling
the invention during the term of the patent, which begins on the grant date and ends 20 years from the
filing date (for an average of 17 to 18 years).
• utility A patent requirement that ensures that the idea is usable and beneficial.
• working requirements Regulations that forced patentees to manufacture products based on their
patents within two or three years of issuance or lose their patent rights.
Chapter 2
• America Invents Act (AIA) A 2011 act that substantially revised the nation’s patent laws in a number of
important ways.
• Complaint A legal document filed that sets out why the filing party believes their claim against the
defendant is valid.
• Counterclaims New charges filed against the plaintiff.
• covered business methods review To review patents that claim a method or corresponding apparatus
for performing data processing or other operations used in the practice, administration, or management
of a financial product or service.
• doctrine of equivalents The legal rule that prevents an infringer from copying the essence of the
invention, but making insignificant modifications in an effort to avoid infringement.
• estoppel Misleading your opponent into believing you would not file suit.
• laches Waiting an unreasonable time to make your claim.
• liability violation A type of violation in which you do not needto know that you are infringing a patent, or
that a patent even exists, to be liable for patent infringement.
• Markman hearings Hearings in which parties are permitted to provide their competing arguments in
A • Glossary 189
briefs to the court, usually after discovery is completed, and make an oral argument on their respective
positions to the court.
• post-grant review A trial proceeding that asks the PTO to take another look at whether the patent is valid,
i.e., whether it should have been granted in the first place.
• royalty Money by offered the alleged infringer a license to practice your invention.
• Scheduling Order A specification of dates by which certain activities must be concluded, issues by the
court at, or shortly after, the pretrial conference.
• stay A temporary suspention of a case ordered by the court.
• Summary Judgment a procedure that obviates a trial where one of the parties can show that its
opponent cannot win—as a matter of law.
• venue The location for the case.
• willful A patent infringement in which the the accused infringer “acted despite an objectively high
likelihood that its actions constituted infringement of a valid patent,” and the “objectively defined risk . . .
was either known or so obvious that it should have been known to the accused infringer.”
Chapter 3
• Berne Convention An international agreement to ensure fair and reciprocal copyright protection for
member nations.
• Copyright Act of 1976 An act which extended copyright protection to works performed over cable TV and
music performed via digital audio transmission.
• Creative Commons A voluntary private sector alternative to traditional copyright that coordinates the
creation and consumption of content among a wide variety of individuals and institutions—all without a
hint of government intervention.
• Digital Millennium Copyright Act of 1998 (DMCA) An act which made it a crime to disseminate
technology or services that could circumvent DRM measures used to control access to copyrighted
movies, music, and books. It also increased penalties for copyright infringement on the Internet.
• infringement A violation of the exclusive rights of its owner of a copyright or any other intellectual
property.
• No Electronic Theft Act of 1997 An act which made it a criminal offense to reproduce or distribute music
by electronic means (i.e., over the Internet).
• Sonny Bono Copyright Term Extension Act An Act which added an additional 20 years to the term of
copyright—extending it for most works to the life of the author plus 70 years after the author is deceased.
• Statute of Anne A 1709 copyright statute which stipulated that a copyright could be obtained by anyone,
and instead of a perpetual right, the term was limited to 14 years with the right to renew for one
additional 14-year term.
• work for hire A work prepared by an employee within the scope of their employment, or a work specially
ordered or commissioned for use as a contribution to a collective work.
Chapter 4
• Arbitrary marks Real words in common usage that have no descriptive relationship to the product or
service being sold.
• certification marks Any word, phrase, symbol or design—or a combination of any of these—owned by
one party which certifies the goods and services of others when they meet certain standards or
requirements.
• classic fair use A condition that occurs when a trademark is used in good faith for its primary meaning,
and no consumer confusion is likely to occur.
• collective marks Any word, phrase, symbol, or design that is owned by a cooperative, association,
collective group, or organization and is used by its members to indicate the source of goods or services.
• descriptive mark Marks that explicitly describes the purpose, nature, or an attribute of a product or
service and is therefore not eligible for trademark registration unless a secondary meaning or association
190 A • Glossary
Access for free at openstax.org.
	Appendix A Glossary
	Chapter 1
	Chapter 2
	Chapter 3
	Chapter 4