Advance Flashcards

(74 cards)

1
Q

What is intellectual property (IP)?

A

Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

True or False: Copyright protects the expression of ideas rather than the ideas themselves.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the four main types of intellectual property?

A

The four main types of intellectual property are patents, copyrights, trademarks, and trade secrets.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Fill in the blank: A ________ is a legal right granted for an invention, giving the patent holder exclusive rights to use, sell, and distribute the invention.

A

patent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the purpose of a trademark?

A

The purpose of a trademark is to identify and distinguish the source of goods or services of one party from those of others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which type of IP protects original works of authorship, including literature, music, and art?

A

Copyright

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

True or False: Trade secrets are protected indefinitely as long as they remain confidential.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the primary benefit of registering a trademark?

A

The primary benefit of registering a trademark is to provide legal protection against unauthorized use by others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the duration of copyright protection in most jurisdictions?

A

Copyright protection typically lasts for the life of the author plus an additional 70 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does the term ‘prior art’ refer to in the context of patents?

A

‘Prior art’ refers to any evidence that your invention is already known before the patent application is filed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Fill in the blank: The ________ is the organization that oversees the registration of patents in the United States.

A

United States Patent and Trademark Office (USPTO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a design patent?

A

A design patent protects the ornamental design of a functional item.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

True or False: A copyright must be registered to be enforceable.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the main difference between a trademark and a service mark?

A

A trademark is used for goods, while a service mark is used for services.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the primary purpose of IP licensing?

A

The primary purpose of IP licensing is to allow others to use, produce, or sell your intellectual property in exchange for compensation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a non-disclosure agreement (NDA)?

A

A non-disclosure agreement (NDA) is a legal contract that protects confidential information shared between parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Fill in the blank: The ________ is an international treaty that provides a framework for copyright protection across member countries.

A

Berne Convention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the significance of the Madrid Protocol?

A

The Madrid Protocol allows trademark owners to register their trademarks in multiple countries with a single application.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

True or False: Fair use is a doctrine that allows limited use of copyrighted material without permission under certain circumstances.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the primary goal of the TRIPS Agreement?

A

The primary goal of the TRIPS Agreement is to establish minimum standards for the protection of intellectual property rights internationally.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a utility patent?

A

A utility patent protects new and useful processes, machines, articles of manufacture, or compositions of matter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Fill in the blank: ________ is the unauthorized use of copyrighted material.

A

Copyright infringement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the role of the World Intellectual Property Organization (WIPO)?

A

WIPO is a specialized agency of the United Nations that promotes the protection of intellectual property worldwide.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

True or False: Trademarks can last indefinitely as long as they are used in commerce.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What is the difference between exclusive and non-exclusive licensing?
Exclusive licensing grants the licensee sole rights to use the IP, while non-exclusive licensing allows multiple licensees to use the IP.
26
What is a collective mark?
A collective mark is a trademark used by members of a collective group or association to identify their goods or services.
27
Fill in the blank: The ________ Act established a federal system for the registration of trademarks in the United States.
Lanham Act
28
What does 'derivative work' mean in copyright law?
A derivative work is a new, original product that includes aspects of a pre-existing work.
29
True or False: A patent must be novel, non-obvious, and useful to be granted.
True
30
What is the significance of 'first use' in trademark law?
First use establishes priority for trademark rights, meaning the first party to use a mark in commerce may have superior rights.
31
What is a geographical indication?
A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin.
32
Fill in the blank: ________ allows creators to retain some rights while allowing others to use their work under specified conditions.
Creative Commons licensing
33
What is the purpose of an IP audit?
The purpose of an IP audit is to assess the value and effectiveness of an organization's intellectual property assets.
34
True or False: Trade secrets can include formulas, practices, and designs that are not generally known or reasonably ascertainable.
True
35
What is the role of IP in business strategy?
IP plays a crucial role in business strategy by providing competitive advantage, enhancing market position, and generating revenue.
36
What is the difference between a patent and a copyright?
A patent protects inventions and processes, while a copyright protects original works of authorship.
37
Fill in the blank: The ________ is a legal doctrine that allows limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
fair use doctrine
38
What is an IP strategy?
An IP strategy is a plan for managing and leveraging intellectual property assets to achieve business objectives.
39
True or False: The duration of a patent is typically 20 years from the filing date.
True
40
What is an infringement claim?
An infringement claim is a legal assertion that someone has violated or infringed on a person's intellectual property rights.
41
Fill in the blank: An ________ is a formal request to the patent office for the grant of a patent.
application
42
What is the significance of the Paris Convention?
The Paris Convention provides a framework for the protection of industrial property and establishes the principle of national treatment.
43
True or False: IP rights can be sold or transferred to another party.
True
44
What does 'infringement' mean in the context of intellectual property?
Infringement refers to the unauthorized use or violation of intellectual property rights.
45
What are the potential consequences of IP infringement?
Potential consequences include legal action, financial damages, and injunctions against further use.
46
Fill in the blank: The ________ is a type of patent that protects the way an invention works.
utility patent
47
What is the purpose of a trademark search?
The purpose of a trademark search is to determine if a proposed trademark is available for use and registration.
48
True or False: IP can be a critical asset for startups and entrepreneurs.
True
49
What is the difference between a primary and a secondary trademark?
Primary trademarks are distinctive and serve as brand identifiers, while secondary trademarks may lack distinctiveness and serve a descriptive purpose.
50
Fill in the blank: ________ is a type of intellectual property protection that covers inventions, processes, or designs.
Patent
51
What is the role of the Copyright Office?
The Copyright Office administers copyright laws and processes registrations in the United States.
52
True or False: A copyright can be transferred or licensed to another entity.
True
53
What is an exclusive license?
An exclusive license grants the licensee the sole right to use the intellectual property, excluding the licensor and others.
54
What is a trade dress?
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers.
55
Fill in the blank: The ________ Act provides for the protection of plant varieties.
Plant Variety Protection Act
56
What is a cease and desist letter?
A cease and desist letter is a formal request to an individual or organization to stop an alleged illegal activity.
57
True or False: The Berne Convention allows for automatic copyright protection without the need for registration.
True
58
What does 'patent pending' signify?
'Patent pending' indicates that a patent application has been filed but is not yet granted.
59
What is a licensing agreement?
A licensing agreement is a contract that outlines the terms under which one party can use another party's intellectual property.
60
Fill in the blank: An ________ is a legal right that allows the creator of an original work to control its use and distribution.
copyright
61
What is the difference between a collective trademark and a certification mark?
A collective trademark is used by members of a collective group, while a certification mark certifies that goods or services meet certain standards.
62
True or False: Trademarks must be renewed periodically to maintain their protection.
True
63
What is an IP portfolio?
An IP portfolio is a collection of intellectual property assets owned by an individual or organization.
64
Fill in the blank: The ________ Act governs the protection of copyrights in the United States.
Copyright Act
65
What is the significance of a patent's claims?
The claims define the scope of protection provided by the patent and outline what is being claimed as new and inventive.
66
What is the difference between a trademark and a trade name?
A trademark identifies goods or services, while a trade name identifies a business's name or brand.
67
Fill in the blank: The ________ is a legal term that refers to the use of a trademark without permission.
trademark infringement
68
What is a patent troll?
A patent troll is a person or company that uses patents primarily to extract settlements from alleged infringers rather than to produce products.
69
True or False: The first sale doctrine allows the purchaser of a copyrighted work to resell that work without permission.
True
70
What is a work-for-hire agreement?
A work-for-hire agreement is a contract where the creator agrees that the work produced is owned by the employer or client.
71
Fill in the blank: The ________ is a legal principle that protects the rights of creators of original works.
Copyright
72
What is the primary function of a patent examiner?
The primary function of a patent examiner is to review patent applications to determine if they meet the legal requirements for patentability.
73
What is a trademark dilution?
Trademark dilution is the weakening of a trademark's distinctiveness or harm to its reputation due to unauthorized use by others.
74
Fill in the blank: ________ is a legal term that refers to the unauthorized use of another's trade secret.
Misappropriation