53) Andrew and Martha license each other to use their patents. They agree not to license their
patents to anyone else without asking for the other’s permission first. Which of the following
statements is true of Andrew and Martha’s agreement?
A) This arrangement must be registered in court.
B) This arrangement constitutes an unlawful tying arrangement.
C) This arrangement constitutes unlawful cross-licensing.
D) This arrangement is legal and valid.
54) Which of the following statements is true about common illegal uses of patents?
A) A tying arrangement occurs when the patent holder issues a license to use the patented object
only if the licensee agrees also to buy some non-patented product from the holder.
B) A tying arrangement occurs when the patent holder issues a license to use the patented object
in a manner dictated by the patent holder.
C) Cross-licensing occurs when two patent holders sell their patents to one another.
D) Cross-licensing occurs when a patent holder extends his or her patent to cover a similar
object.
55) Which of the following is the next step in the process of obtaining a patent after contacting a
patent attorney?
A) The attorney does a patent search to make sure that no other similar patent exists.
B) The attorney files a patent application with the Patent Office.
C) The attorney attends a legal hearing so a judge can evaluate the patent application.
D) The U.S. Patent Office checks if two copies of the patent design have been submitted to the
Library of Congress.
56) Which of the following is a difference between a patent and a trade secret?
A) A patent grants its holder exclusive monopoly over the product for 20 years, whereas a trade
secret does not.
B) A trade secret goes into the public domain after a period of 10 years, but a patent does not.
C) The law protects a trade secret that has been reverse engineered by a competitor but not a
patent.
D) Business methods are generally protected by patent laws, but they cannot be protected by
trade secret laws.
57) For the remainder of his or her life, a patent holder has the exclusive right to produce, sell,
and use the object of the patent.
58) The U.S. Supreme Court did not categorically find that business methods could not be
patented.
59) A tying arrangement occurs when a patent holder licenses a patent in exchange for royalties.
60) Tying arrangements and cross-licensing are unlawful because they tend to reduce
competition.
61) Cross-licensing occurs when a patent holder licenses two competitors to use the same
patented object.
62) The result of a patent-infringement suit may be that the patent holder loses the patent.
63) What are the merits and demerits of protecting an invention through a patent instead of trade
secret law?
64) Which of the following is an incorrect statement regarding copyrights?
A) Copyrights protect the expression of creative ideas.
B) Copyrights protect the fixed form of expression of ideas.
C) Copyrights protect ideas themselves.
D) Copyrights protect a diverse range of creative works such as books, lectures, and computer
programs.
65) Which of the following is an incorrect statement regarding copyrights?
A) Under the common law of copyright, any infringer may be enjoined from reproducing a
copyrighted work.
B) For the creator to be able to sue the infringer to recover damages arising from the
infringement, the copyrighted work must be registered.
C) Titles may be copyrighted.
D) Short phrases may not be copyrighted.
66) Which of the following is an incorrect statement regarding copyrights?
A) One may register a copyrighted work by filing a form with the Register of Copyright and
providing two copies of the copyrighted materials to the Library of Congress.
B) Statutory damages of up to $10,000 per infringement or up to $50,000 per willful
infringement are recoverable if the work was registered within six months of the first publication
of the copyrighted work.
C) Copyright holders may seek actual damages.
D) Copyright holders may seek the defendant’s profits derived from illegal use of the
copyrighted work.
67) A ________ provides the exclusive legal right to reproduce, publish, and sell the fixed form
of an expression of an original creative idea.
A) patent
B) licensing right
C) copyright
D) trademark
68) Which of the following can be protected using copyright law?
A) a short story written on a word processor
B) a logo used to identify a business
C) the product formula used to manufacture a famous soft drink
D) a component of an electric drill
69) Which of the following statements is true about copyrights?
A) A freely distributed work is still protected by copyright laws.
B) Titles and short phrases are protected by copyright laws.
C) A work is copyrightable if it is set out in a tangible medium.
D) A work is copyrightable even if it is not original.
70) Which of the following statements is a feature of copyrights?
A) A copyrighted work owned by the creator, if reproduced with the appropriate notice affixed,
is protected throughout the life of the creator and for an additional 70 years.
B) A copyrighted work owned by a publisher, when reproduced with the appropriate notice
affixed, is protected for the lifetime of the publisher and for an additional 100 years.
C) To register a work as a copyrighted work, two copies of the work must be provided to the
New York Public Library.
D) A copyrighted work that is reproduced without a notice of copyright is protected by copyright
laws.
71) A copyright infringer can be prohibited from reproducing a copyrighted work ________.
A) 90 years after the death of the creator, if the copyright holder is not a publisher
B) even if the copyrighted work is not registered
C) even if the copyrighted work is freely distributed without notice of copyright
D) if the infringer is parodying the copyrighted work
72) Heather writes a novel and copyrights it. She publishes the novel in a magazine in three
parts. She notices that her novel has been copied on to a website hosted by Simon. Which of the
following statements is true of this scenario?
A) Simon is guilty of copyright infringement even if the magazine is freely distributed and is not
accompanied by a copyright notice.
B) Simon is not guilty of copyright infringement if Heather has not registered her work.
C) Heather cannot prevent her novel from being reproduced if she has not registered her
copyrighted novel.
D) Heather cannot sue Simon for damages if her copyrighted novel is not registered.
73) Which of the following allows a portion of a copyrighted work to be reproduced for purposes
of criticism, comment, and news reporting?
A) Federal Trademark Dilution Act of 1995
B) fair use doctrine
C) Lanham Act of 1947
74) Which of the following statements is true of the fair use doctrine?
A) It allows portions of patent designs to be reproduced for the purposes of criticism and
reporting.
B) Parodies of copyrighted works are not protected by the fair use doctrine.
C) It outlawed distribution or copying of copyrighted material over the Internet regardless of
profits or profit-making intent.
D) To decide whether a reproduction is fair use, courts consider the commercial impact of the
use on the copyrighted work.
75) How did the legislature define whether a “copy” was created when addressing copyrighted
materials and the Internet?
A) A work was officially copied when it was downloaded into a computer’s memory or RAM.
B) A work was officially copied when it was emailed to another person.
C) A work was officially copied when it was viewed on a person’s computer screen.
D) A work was officially copied when it was hosted on a file-sharing Web host.
76) Which of the following statements is true about the Computer Software Copyright Act?
A) It came into effect in 1976, as a part of the original Copyright Act of 1976.
B) It declared that only the language used to program computer software can be protected with a
copyright.
C) Courts have determined that the general framework of computer software can also be
protected by copyright.
D) It states that the act of evading anti-piracy technologies included in software, including DVDs
and CDs, is a crime.
77) Which of the following acts outlawed any distribution or copying of copyrighted material
over the Internet regardless of profits or profit-making intent?
A) Computer Software Copyright Act
B) No Electronic Theft Act of 1997
C) Digital Millennium Copyright Act
D) Copyright Act of 1976
78) Which of the following statements is true of the Computer Software Copyright Act?
A) It outlawed the creation or sale of a device that can crack codes to allow one to copy software.
B) It outlawed distribution or copying of copyrighted material over the Internet, even for the
purposes of education and research.
C) It declared that the act of evading anti-piracy technologies included in software is a crime.
D) It declared that the coded language and general framework of computer software can be
copyrighted.
79) Which of the following acts states that the act of evading anti-piracy technologies included in
software is a crime?
A) Computer Software Copyright Act
B) No Electronic Theft Act of 1997
C) Digital Millennium Copyright Act
80) Which of the following statements is true of the Digital Millennium Copyright Act
(DMCA)?
A) It forbids the creation or sale of a device that can crack codes to allow one to copy any kind
of software.
B) It requires Internet service providers to block distribution of copyrighted material over the
Internet.
C) It outlawed any distribution of copying or copyrighted material over the Internet, regardless
of profit-making intent.
D) It declared that parts of computer software, such as the language that humans can read, cannot
be copyrighted.
81) A work must be set out in a tangible medium of expression to be copyrightable.
82) The No Electronic Theft Act (NET) of 1997 permitted distribution of copyrighted material
for the purposes of education and research.
83) In 1976, the Copyright Act declared that computer software could be protected with a
copyright.
84) Internet service providers were required by the Digital Millennium Copyright Act (DMCA)
to take down or cease transmission of information that is reported to be an infringement of
85) Any website continually casting music over the Internet is required by the Digital
Millennium Copyright Act (DMCA) to have licensing agreements with the copyright holder.
86) The Librarian of Congress and the Copyright Office outlawed the breaking of DVD
encryption for education and commentary, on the basis of the Digital Millennium Copyright Act
(DMCA).
87) Peer-to-peer networking is prohibited under the Digital Millennium Copyright Act (DMCA).
88) The U.S. Supreme Court has determined that the hosts of file-sharing and networking sites
could be held liable for the distribution of copyrighted material.
89) What is the fair use doctrine?
90) What are the steps to be taken by a creator to be able to sue an infringer for damages arising
from a copyright infringement?
91) What were the provisions of the No Electronic Theft Act of 1997? How did it impact the
distribution of copyrighted material for nonprofit use?
92) How does the Digital Millennium Copyright Act (DMCA) protect copyrights? How does it
protect Internet service providers from copyright-infringement claims?
93) Which of the following is an incorrect statement regarding the global dimensions of
intellectual property law?
A) The primary international protection for intellectual property is offered through unilateral
conventions and treaties.
B) The major treaty on intellectual property is the Trade Related Aspects of International
Property Rights.
C) The Trade Related Aspects of International Property Rights is administered through the
World Trade Organization.
D) TRIPS is the most comprehensive intellectual property treaty to date.
94) The Trade Related Aspects of International Property Rights (TRIPS) is administered through
the ________.
A) World Bank
B) World Trade Organization
C) International Monetary Fund
D) International Labor Organization
95) Which of the following statements is true about Trade Related Aspects of International
Property Rights (TRIPS)?
A) Its national treatment policy provides greater protection to domestic products.
B) Its most-favored-nation policy extends preferential treatment to some of its member nations.
C) It does not provide copyright protection to rental rights.
D) It protects names that indicate the geographical origin of a product.
96) Which of the following is a feature of Trade Related Aspects of International Property Rights
(TRIPS)?
A) It mandates that patents must be protected for at least 30 years.
B) It requires industrial designs to be protected for at least 25 years.
C) Under it, countries have the right not to patent different processes, such as surgical methods.
D) It prohibits countries from issuing compulsory licenses to force production of a patented
product, even if the patent holder’s rights are protected.
97) Which of the following statements is true of Trade Related Aspects of International Property
Rights (TRIPS) and the member nations of the World Trade Organization (WTO)?
A) In the Paris Convention of 1883, the members of the WTO accepted TRIPS as the solution to
issues related to intellectual property rights.
B) TRIPS entered into force with the conclusion of the Berne Convention of 1886.
C) Developed countries had to comply with TRIPS 11 years after it came into force.
D) China has changed its intellectual property laws to come into compliance with TRIPS.
98) Which of the following is an incorrect statement regarding TRIPS?
A) TRIPS ensures equal protection through it national treatment policy and it most-favored-
nation policy.
B) TRIPS expands the copyright protection in the Berne Convention to include computer
programs and rental rights.
C) TRIPS has a protection category of geographical indications.
D) TRIPS mandates patent protection for at least 14 years.
99) Trade Related Aspects of International Property Rights (TRIPS) allows countries to deny a
patent to prevent the commercial exploitation of something dangerous to public order or
morality.
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100) Trade Related Aspects of International Property Rights (TRIPS) protects trademarks for
both goods and services.