122. If a work is copyrighted, it must have a notice of copyright on it, such as ©, or others have the right to presume the
work is in the public domain.
a. True
b. False
123. If a work is in the public domain because it was never copyrighted, the first person to file for a copyright will own
the copyright on the work.
a. True
b. False
124. In Feist Publications v. Rural Telephone Service, the Supreme Court noted that copyrighted materials, such as
white-pages of phone books are original material.
a. True
b. False
125. Downloading copyrighted photos onto the Internet for use on websites is not a copyright violation so long as copies
of the photos are not sold.
a. True
b. False
126. The fair use rule allows us to use some copyrighted works without prior permission, and without paying royalties.
a. True
b. False
127. Fair use depends if the copying is for commercial or educational use.
a. True
b. False
128. Fair use allows small volume copying of copyright work so long as the revenue is “nominal.”
a. True
b. False
129. In Sony Corp. v. Universal City Studios, the Supreme Court held that a movie maker could recover damages
from Sony, which manufactured VCRs that consumers used at home to make personal copies of movies without
paying Universal Studios royalties.
a. True
b. False
130. In New York Times v. Tasini the Supreme Court held that electronic publication of copyrighted works did not
violate the copyright so long as they were not sold for profit.
a. True
b. False
131. In New York Times v. Tasini the Supreme Court held that copyright in electronic publication of copyrighted works
belonged to the original publisher of the work.
a. True
b. False
132. In New York Times v. Tasini the Supreme Court held that electronic publication of copyrighted works infringed on
the owner of the copyrights property.
a. True
b. False
133. An advantage of patent protection is that the invention is kept secret for the life of the patent.
a. True
b. False
134. Patents law provides one of the weakest forms of protection in intellectual property law.
a. True
b. False
135. A patent is a government grant that gives an inventor the sole right to use, make or sell an invention for twenty
years from the time of application.
a. True
b. False
136. A patent is a government grant that gives an inventor the sole right to use, make or sell an invention for twenty
years from the patent is issued.
a. True
b. False
137. A patent can be issued in the U.S. even if the invention is known outside of the U.S., so long as the party applying
for the patent in the U.S. is the first to apply for it in the U.S. since patent protection is domestic.
a. True
b. False
138. There are utility patents and design patents.
a. True
b. False
139. Patents may be granted for processes.
a. True
b. False
140. Patents may not be granted for changes in manufacturing processes, because those are purely commercial.
a. True
b. False
141. Patents may be granted for theories that are proven.
a. True
b. False
142. Patents may be granted for compositions of matter.
a. True
b. False
143. Patents are public information.
a. True
b. False
144. Patents cases are usually reviewed by the Federal Circuit Court of Appeals.
a. True
b. False
145. The patent for the Coca-Cola formula expired in 1907.
a. True
b. False
146. In Bowman v. Monsanto, where Bowman used Monsanto’s patented Roundup Ready seeds and, in violation of
the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic
composition of the Monsanto seeds. The Supreme Court held that the patent had expired by the time of the
litigation so the case was moot..
a. True
b. False
147. In Bowman v. Monsanto, where Bowman used Monsanto’s patented Roundup Ready seeds and, in violation of
the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic
composition of the Monsanto seeds. The Supreme Court held that genetic material cannot be patented.
a. True
b. False
148. In Bowman v. Monsanto, where Bowman used Monsanto’s patented Roundup Ready seeds and, in violation of
the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic
composition of the Monsanto seeds. The Supreme Court held that reproduction of a seed was organic, so
Bowman could not be prevented from reproducing and selling the seeds.
a. True
b. False
149. In Bowman v. Monsanto, where Bowman used Monsanto’s patented Roundup Ready seeds and, in violation of
the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic
composition of the Monsanto seeds. The Supreme Court held that Bowman violated the terms of purchase of a
patented product.
a. True
b. False
150. The World Intellectual Property Organization (WIPO) works for common international standards for patents.
a. True
b. False
151. A patent registered with the World Intellectual Property Organization (WIPO) is valid in all member nations.
a. True
b. False
152. Once a patent is issued in the U.S., Japan, or the EU (the European Patent Office), under World Intellectual
Property Organization rules, it is good in all three of those jurisdictions.
a. True
b. False
153. A firm can make a decision to either patent a product or make is subject to trade secret law, but using one
generally eliminates the use of the other.
a. True
b. False
154. For something to be a trade secret, it may not be known by anyone but the inventor of the secret.
a. True
b. False
155. Trade secrets include any information that a company has worked diligently to keep secret from competitors.
a. True
b. False
156. Trade secrets will remain such even if they are shared with outsiders so long as everyone who receives the
information is told that they are trade secrets.
a. True
b. False
157. Trade secrets can be shared with all employees in a firm so long as all are told that it is a trade secret.
a. True
b. False
158. If a company owns trade secrets it may require employees to sign contracts promising not to use the trade secrets
they learn at work elsewhere and holding the employees liable if they do.
a. True
b. False
159. In Hicklin Engineering v. R.J. Bartell, where Bartell was accused of stealing trade secrets from his former
employer, Hicklin that he now used in competition with Hicklin the appeals court held that since anyone could
observe process in question at Hicklin, it was not a secret that could be protected.
a. True
b. False
160. In Hicklin Engineering v. R.J. Bartell, where Bartell was accused of stealing trade secrets from his former
employer, Hicklin that he now used in competition with Hicklin, the appeals court held that if Hicklin could show
that Bartell was using specific trade secrets it would prevail against him.
a. True
b. False
161. In Hicklin Engineering v. R.J. Bartell, where Bartell was accused of stealing trade secrets from his former
employer, Hicklin that he now used in competition with Hicklin the appeals court held that the Wisconsin Uniform
Trade Secrets Act could apply.
a. True
b. False
162. The Economic Espionage Act applies to the theft of industrial materials that are important to national security. The
law does not apply to the theft of ordinary business property such as trade secrets.
a. True
b. False
163. Violations of the Economic Espionage Act, such as a theft of a trade secret, can result in prison sentences.
a. True
b. False
164. In U.S. v. Yang, where Yang was accused of bribing an employee of a company to give him some trade secrets,
the appeals court held that Yang could be convicted of a federal crime.
a. True
b. False
165. In U.S. v. Yang, where Yang was accused of bribing an employee of a company to give him some trade secrets,
the appeals court held that the matter was for tort litigation by the company involved, not federal prosecutors.
a. True
b. False
166. In U.S. v. Yang, where Yang was accused of bribing an employee of a company to give him some trade secrets,
the appeals court held that Yang and the employee who took the bribe could be convicted of a federal crime.
a. True
b. False