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Question 1
The Statute of Monopolies was significant because:
Correct
Incorrect!
Correct The 'Statute of Monopolies' was a British law that stopped the granting of monopolies by the government. In addition, the act gave the 'true and first inventor' of intellectual property a period of 14 years in which he would have exclusive control over his invention, subject to certain conditions.
Incorrect! The 'Statute of Monopolies' was a British law that stopped the granting of monopolies by the government. In addition, the act gave the 'true and first inventor' of intellectual property a period of 14 years in which he would have exclusive control over his invention, subject to certain conditions.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Intellectual Property law is:
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Incorrect!
Correct Article I, section 8 of the Constitution gives Congress broad powers in the area of intellectual property law, which Congress has taken advantage of to a larger degree. Still, state law issues, such as contract and tort law, sometimes to play a role in determinations of intellectual property law.
Incorrect! Article I, section 8 of the Constitution gives Congress broad powers in the area of intellectual property law, which Congress has taken advantage of to a larger degree. Still, state law issues, such as contract and tort law, sometimes to play a role in determinations of intellectual property law.
Correct
Incorrect!
Correct
Incorrect!
Question 3
A reason that the Constitution gave the federal government power over the field of intellectual property law is that:
Correct Having states promote their own intellectual property laws proved to be a hindrance to the flow of commerce before the Constitution was enacted, which is why the Constitution gave the federal government the power to promulgate intellectual property laws. The Constitution did not judge the competency of state legislatures.
Incorrect! Having states promote their own intellectual property laws proved to be a hindrance to the flow of commerce before the Constitution was enacted, which is why the Constitution gave the federal government the power to promulgate intellectual property laws. The Constitution did not judge the competency of state legislatures.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Ben and Jerry seek to patent the method of creating a new flavor of ice cream, called 'Vermontberry Crunch'. However, Vermont, the state in which Ben and Jerry live, has a law that prevents the patenting of the method for creating ice cream flavors, as its legislature has determined that anything that can restrict other people from making delicious ice cream is against public policy. If Ben and Jerry challenge this law, the law will probably be?
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Incorrect!
Correct
Incorrect!
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Incorrect!
Correct Not only is federal law the primary source for patent and other intellectual property law, any state law that does not comply with both the text and the spirit of federal intellectual property law will be struck down. Courts have held that Congress has 'occupied the field' in terms of determining the rules for what can be patented.
Incorrect! Not only is federal law the primary source for patent and other intellectual property law, any state law that does not comply with both the text and the spirit of federal intellectual property law will be struck down. Courts have held that Congress has 'occupied the field' in terms of determining the rules for what can be patented.
Question 5
Jane operates a website that is devoted to providing viewers with information about space and expeditions to space made by astronauts. Space Out, Inc., is a private company that builds space ships and, for a very large fee, will bring its customer on a journey to outer space and back (hopefully). One day, when Space Out is launching one of these tourist ships, Jane videotapes the launch (from public property) and posts information about the status of the flight (which she gets legally) on her website every hour. She charges a subscription fee for people to be able to access the portion of her site on which this information is posted. If Space Out sues Jane for misappropriation of is intellectual property because she is using their flight for her profit, Space Out will likely...
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Misappropriation requires that the following 5 elements be met:1) the information is gathered by the 'victim' party at a cost.2) the information is time sensitive.3) the second party's use of that information constitutes 'free-riding' on the first party's efforts .4) the party using the information is in direct competition with the product or service offered by the first party.5) the ability of the second party to 'free-ride' in such a manner would reduce the incentive to acquire the information in the first place.In this case, Jane is not in direct competition with Space Out and her action certainly does NOT reduce the incentive of Space Out to launch the flights and thus generate the information. This case is similar to the National Basketball Association v. Motorola case, in which the court, on similar facts, found no cause of action for misappropriation.
Incorrect! Misappropriation requires that the following 5 elements be met:1) the information is gathered by the 'victim' party at a cost.2) the information is time sensitive.3) the second party's use of that information constitutes 'free-riding' on the first party's efforts .4) the party using the information is in direct competition with the product or service offered by the first party.5) the ability of the second party to 'free-ride' in such a manner would reduce the incentive to acquire the information in the first place.In this case, Jane is not in direct competition with Space Out and her action certainly does NOT reduce the incentive of Space Out to launch the flights and thus generate the information. This case is similar to the National Basketball Association v. Motorola case, in which the court, on similar facts, found no cause of action for misappropriation.