The Fair Use Doctrine is a defense often employed by the defendant in trademark

infringement cases.
A. TRUE
B. FALSE
ANSWER: B

Formulas, inventions, and processes are not considered forms of intellectual

property.
A. TRUE
B. FALSE
ANSWER: B

Industrial espionage and competitive intelligence are essentially the same.

A. TRUE
B. FALSE
ANSWER: B

Copyright infringement is the act of stealing someone’s ideas or words and passing
them off as one’s own.
A. TRUE
B. FALSE
ANSWER: B

The Lanham Act (also known as the Trademark Act) defines the use of a trademark,
the process for obtaining a trademark, and the penalties associated with trademark
infringement.
A. TRUE
B. FALSE
ANSWER: A

Software, video games, multimedia works, and Web pages can all be copyrighted.
A. TRUE
B. FALSE
ANSWER: A

Defining and controlling the appropriate level of access to intellectual property

are complex tasks.
A. TRUE
B. FALSE
ANSWER: A

The fair use doctrine denies portions of patented materials to be used without
permission under any circumstance.
A. TRUE
B. FALSE
ANSWER: B

Two software manufacturers could conceivably develop separate programs that perform
the same functions in a nearly identical manner without infringing each other’s
copyrights.
A. TRUE
B. FALSE
ANSWER: A

The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
of 2008 increased trademark and copyright enforcement and substantially increased
penalties for infringement.
A. TRUE
B. FALSE
ANSWER: A

Copyright law protects authored works such as art, books, and film.
A. TRUE
B. FALSE
ANSWER: A

The World Trade Organization (WTO) developed the Agreement on Trade-Related Aspects
of Intellectual Property Rights to establish the minimum levels of protection that
each government must provide to the intellectual property of all WTO members.
A. TRUE
B. FALSE
ANSWER: A

The Digital Millennium Copyright Act (DMCA) was signed into law in 1998 and
implements two 1996 WIPO treaties.
A. TRUE
B. FALSE
ANSWER: A

A trademark permits its owner to exclude the public from making, using, or selling
a protected invention, and allows for legal action against violators.
A. TRUE
B. FALSE
ANSWER: B

Cross-licensing agreements between organizations allow each party to sue the other
over patent infringements.
A. TRUE
B. FALSE
ANSWER: B

The main body of law that governs patents is contained in Title 35 of the U.S.
Code.
A. TRUE
B. FALSE
ANSWER: A

The term of copyright has been extended several times from its original limit of 25
years to 35 years.
A. TRUE
B. FALSE
ANSWER: B

A trademark is business information that represents something of economic value,

has required effort or cost to develop, has some degree of uniqueness or novelty,
is generally unknown to the public, and is kept confidential.
A. TRUE
B. FALSE
ANSWER: B

The World Intellectual Property Organization (WIPO) Copyright Treaty of 1996

eliminated many of the original copyright protections for electronic media.
A. TRUE
B. FALSE
ANSWER: B

A copyright is the exclusive right to distribute, display, perform, or reproduce an

original work in copies or to prepare derivative works based on the work.
A. TRUE
B. FALSE
ANSWER: A

Because organizations can risk losing trade secrets when key employees leave, they
often try to prohibit employees from revealing secrets by adding non-compete
clauses to employment contracts.
A. TRUE
B. FALSE
ANSWER: B

Reverse engineering can only be applied to computer hardware, not computer

software.
A. TRUE
B. FALSE
ANSWER: B

Using reverse engineering, a developer can use the code of the current database
programming language to recover the design of the information system application.
A. TRUE
B. FALSE
ANSWER: A

Open source code is any program whose source code is made available for use or
modification, as users or other developers see fit.
A. TRUE
B. FALSE
ANSWER: A

A common use of open source software is to move data from one application to
another and to extract, transform, and load business data into large databases.
A. TRUE
B. FALSE
ANSWER: A

Competitive intelligence involves the gathering and analysis of the trade secrets
of your competitors.
A. TRUE
B. FALSE
ANSWER: B

Competitive intelligence analysts must be authorized to take unethical or illegal

actions in the normal course of their job.
A. TRUE
B. FALSE
ANSWER: B

The first state to enact the Uniform Trade Secrets Act was Illinois.
A. TRUE
B. FALSE
ANSWER: B

In the early days of the Web, many cybersquatters registered domain names for
famous trademarks or company names to which they had no connection.
A. TRUE
B. FALSE
ANSWER: A

Programs with open source code can be adapted to meet new needs, and bugs can be
rapidly identified and fixed.
A. TRUE
B. FALSE
ANSWER: A

The Digital Millennium Copyright Act (DMCA) was signed into law in _______.
A. 1992
B. 1998
C. 1990
D. 1996
ANSWER: B

Patent law protects ______.

A. art and film
B. information critical to an organization’s success
C. books
D. inventions
ANSWER: D

The ______ of 1996 imposes penalties of up to $10 million and 15 years in prison
for the theft of trade secrets.
A. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
B. The Economic Espionage Act (EEA)
C. Agreement on Trade-Related Aspects of Intellectual Property Rights
D. The Lanham Act
ANSWER: C

_______ is the process of taking something apart in order to understand it, build a
copy of it, or improve it.
A. Plagiarism
B. Patent infringement
C. Reverse engineering
D. Decompiling
ANSWER: C

________ is the existing body of knowledge available to a person of ordinary skill

in the art.
A. Prior experience
B. Known facts
C. Body of practice
D. Prior art
ANSWER: D

The U.S. Supreme Court has ruled that there are _____ classes of items that cannot
be patented.
A. two
B. three
C. four
D. five
ANSWER: B

Copyright and patent protection was established through _______ .

A. the Bill of Rights
B. the U.S. Federal Codes and Statutes
C. the U.S. Constitution
D. various state laws
ANSWER: C

A patent is a grant of a property right issued by the ________ to an inventor.

A. USPS
B. USPTO
C. FTC
D. SEC
ANSWER: B

The concept that an idea cannot be copyrighted but the _______ of an idea can be is
key to understanding copyright protection.
A. expression
B. summary
C. variation
D. illustration
ANSWER: A

Motion picture companies supported the development and worldwide licensing of the
______ , which enables a DVD player or a computer drive to decrypt, unscramble, and
play back motion pictures on DVDs, but not copy them.
A. Time Warner Cable system
B. RIAA
C. DeCSS
D. Content Scramble System (CSS)
ANSWER: D

The _____ of 2008 increased trademark and copyright enforcement and substantially
increased penalties for infringement.
A. Digital Millennium Copyright Act (DMCA)
B. General Agreement on Tariffs and Trade
C. Agreement on Trade-Related Aspects of Intellectual Property Rights
D. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
ANSWER: D

The ______ established the minimum levels of protection that each country must
provide to all WTO members.
A. World Trade Organization (WTO)
B. Digital Millennium Copyright Act (DMCA)
C. The World Intellectual Property Organization (WIPO)
D. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
ANSWER: D

A(n) _______ can read the machine language of a software program and produce the
source code.
A. compiler
B. open source decoder
C. re-engineering device
D. decompiler
ANSWER: D

A(n) ______ prohibits a departing employee from working for any competitors for a
period of time.
A. noncompete agreement
B. license agreement
C. nondisclosure agreement
D. union agreement
ANSWER: A

Unlike traditional copyright law, the _____ does not govern copying; instead, it
focuses on the distribution of tools and software that can be used for copyright
infringement as well as for legitimate non-infringing use.
A. TRIPS Agreement
B. Digital Millennium Copyright Act (DMCA)
C. WIPO Copyright Treaty
D. Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act
ANSWER: B

______ allows portions of copyrighted materials to be used without permission under

certain circumstances.
A. Plagiarism
B. Copyright infringement
C. Fair use doctrine
D. Use of prior art
ANSWER: C

One of the tests that an invention must pass to be eligible for a patent is that it
must ______ .
A. be a machine
B. not be economical to produce
C. be capable of providing economic benefit
D. be obvious to a person having ordinary skill in the same field
ANSWER: D

The _______ enacted in 1999, allows trademark owners to challenge foreign

cybersquatters who might otherwise be beyond the jurisdiction of U.S. courts.
A. ACPA
B. PRO-IP Act
C. Economic Espionage Act
D. CAN-SPAM Act
ANSWER: A

______ was a legislator and former singer and entertainer who co-sponsored the
Copyright Term Extension Act.
A. Frank Sinatra
B. Sonny Bono
C. Dean Martin
D. Sammy Davis Jr.
ANSWER: B

The _____ requires member governments to ensure that intellectual property rights
can be enforced under their laws and that penalties for infringement are tough
enough to deter further violations.
A. TRIPS agreement
B. DMCA
C. PROIP Act
D. WIPO Copyright Agreement
ANSWER: A

A _____ claims as its invention some feature or process embodied in instructions

executed by a computer.
A. trade secret
B. software patent
C. cross-licensing agreement
D. patent infringement
ANSWER: B

The redistribution of a program code with no copyright as a proprietary software

can be avoided by using a(n)_____.
A. nondisclosure clause
B. open source license
C. patent protection
D. copyright term
ANSWER: b

Firefox and OpenOffice are all examples of______.

A. Web browsers
B. utility software
C. products developed through re-engineering
D. open source software
ANSWER: D

One key advantage that trade secret law has over the use of patents and copyrights
in protecting companies from losing control of their intellectual property
is_______.
A. the time limitation for a trade secret is longer than for patents and copyrights
B. no royalties must be paid on trade secrets
C. trade secrets can become part of the prior art and be used to protect patents
and copyrights
D. there is no need to file an application or disclose a trade secret to gain
protection
ANSWER: D

A(n)_______is a logo, package design, phrase, sound, or word that enables a

consumer to differentiate one company’s products from another's.
A. trade secret
B. watermark
C. trademark
D. earmark
ANSWER: C

Cybersquatters_______.
A. frequently launch denial-of-service attacks against popular Web sites
B. register domain names for famous trademarks or company names to which they have
no connection
C. remain connected to popular Web sites for extremely long periods of time making
it difficult for others to obtain service
D. employ phishing tactics using the domain names of popular Web sites
ANSWER: B

The courts have ruled in favor of using reverse engineering to__________.

A. allow the domination of a particular software market by a single manufacturer
B. provide access to protected elements of an original work
C. circumvent restrictive trade secrets
D. enable interoperability
ANSWER: D

Under the_______, the U.S. patent system changed from a “firsttoinvent” to a

“firstinventortofile” system.
A. Economic Espionage Act
B. Lanham Act
C. Uniform Trade Secrets Act
D. Leahy-Smith America Invents Act
ANSWER: D

Legally obtained information that is gathered to help a company gain an advantage

over its rivals is called________.
A. prior art
B. industrial espionage
C. competitive intelligence
D. trade secrets
ANSWER: C

_______is the act of stealing someone’s ideas or words and passing them off as
one’s own.
A. Plagiarism
B. Cybersquatting
C. Reverse engineering
D. Patent trolling
ANSWER: A