Trademarks, trade names, patents, and copyrights represent a category of property called: a. intangible property b. tangible property c. real property d. personal property
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- Unlike patents and trademarks, that are administered by the USPTO, copyrights are administered by the Library of Congress. However, like patents and trademarks, a copyright gives its creator the exclusive right to his or her original work for a limited time. Copyrights are a form of intellectual property protection that give a creator: ResponsesCopyright Patents and Trademarks all last for the lifetime of the creator? True or false It is up to the person who creates a product to choose whether they want a patent, copyright or trademark for their creation. True or False. In terms of legal complexity in obtaining the protection, the most difficult to secure is a: A. Trademark B. Copyright C. Patent D. Trade SecretExplain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.
- Which of the following is true of patents? Patent law is enacted by the Congress under the power given by Article V of the Constitution. A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years. Processes may be patented but not machines. A composition of matter is found in nature and can be patented. A design patent gives the owner exclusive rights to use the design for fourteen years.1. What is a trade secret and how is it different from a trademark? [Please included in your discussion an analysis of how alleged violations are evaluated by courts and examples of improper behavior by competitors under each form of protection.]; 2. Give an example of a way of discovering a trade secret that is NOT considered improper or wrong and a way that someone might borrow all, or part, of a trademark and not be considered to have infringed on the trademark.Thabo Auto Parts manager also requests that you develop a software for them to automate some of their business processes. Discuss which copyrights, patent or trade secret, if any, will result from this work.
- The four basic categories of intellectual property are trademarks, copyrights, patents, and trade secrets. Distinguish between these sorts of intellectual property and their significance in the franchising of a corporation.1. What are the differences between design and utility patents? Can a product/service have both design and utility patents at the same time? 2. If you create an original work of authorship which was commissioned by an investor, what type of intellectual property can cover your rights? Who (you or the investor) owns the rights to this IP?112) What is a trademark? a) A recipe. b) A word, name, symbol, or device that is used in trade with goods to include the source of the goods and to distinguish from the goods of the others c) A firm of protection provided to the authors of original works of authorship d) Something that excludes others from importing the innovation into the United States
- Using the Internet, Find three patents that are at least three years old. What are the elements that are common across these patents? What are the differences?Determine which type of intellectual property law applies and whether it would, in fact, provide any remedy. Remember to identify and explain the elements necessary to claim protection as intellectual property, why you think those elements are or are not present, and what other information you would need to make this determination. William Writer has developed a great idea for a novel. It will feature a young magician named Henry Pryor who attends a special high school for magicians. Henry has many interesting friends and even searches for the Philosopher’s Rock. Karen Kitchens is a fantastic cook. Her best dish is fried chicken. Her fried chicken is so good that her friends suggest she start a restaurant. After some thought, Karen agrees. She plans to open Kitchen’' Fried Chicken, but because the name is a bit long she decided to shorten it to KFC. Her sign will be red and white and feature an image of Karen’s father, a white-haired old man with a goatee. Sandy Secretary works for a…In the context of the First Sale Doctrine (17 U.S.C. § 109), which statement accurately describes its application to the distribution and resale of copyrighted material? Note that we had this business case when we were studying Netflix during their before streaming DVD rental era. The First Sale Doctrine allows for the unlimited reproduction and distribution of copyrighted digital content without the need for permission from the copyright holder The First Sale Doctrine requires companies to obtain permission from the copyright holder for each rental or resale of a physical copy of digital content, limiting the availability of titles for companies like Netflix The First Sale Doctrine permits the resale or rental of physical copies of digital content, such as DVDs, without requiring authorization from the copyright holder, enabling companies like Netflix to offer a wide variety of titles The First Sale Doctrine only protects the resale or rental of purely digital copies,…
