Legal 2700 Exam 3 Questions with Correct
Answers
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Terms in this set (136)
property in information and its application or
intellectual property
expression
to promote progress of science and the useful arts
Why do we secure (knowledge and creativity, invention)
exclusive rights for
intellectual property? promotes incentive which drives research and
development
What is the cost of temporarily reduces competition that could increase
intellectual property? availability and keep prices low
Once information is in the can't
public domain it, an
intellectual property right
____ be applied to
recapture it
any form of knowledge or information that has
economic value from not being generally known to
others and has been the subject of reasonable efforts
trade secret
by the owner to maintain secrecy
originally developed as common law
How do you violate trade misappropriate the information, making you liable
secrets?
,What act do most states Uniform Trade Secrets Act (UTSA)
use regarding trade
secrets now?
What does it take to make 1. Establish that a trade secret exists
a successful trade secret 2. Demonstrate misappropriation
case?
1. Identify confidential knowledge based resources
(conduct trade secret audit to identify all valuable
forms of information possessed by the business)
2. Preserve secrecy
Steps in protecting trade
secrets -reasonable measures include: physically locking
away written material, firewalls, encryption,
confidentiality restrictions
-companies regulate who can visit business and what
parts of it
-nondisclosure agreements (NDAs)
Martin memorized AMA's client list and took 15 of
Al Minor and Associates,
them. Was still considered a trade secret even though
Inc. v. Martin
memorized so Martin lost suit.
-when one improperly acquires secret information
through burglary, espionage, or computer hacking
When does
-when one, knowing their duty, discloses information
misappropriation occur?
they had a duty to keep secret -acquires a secret from
someone, knowing they had a duty to keep it secret
What does not constitute independent creation or reverse engineering (unless
misappropriation? contractually agreed to keep secret)
benefits of trade secrets viable, inexpensive, long-lived
valuable information relating to processes or
what is it best to use trade
techniques that won't be disclosed when a product or
secret for?
service is sold
limitation on trade secrets secrets can get out during normal marketing
, -requiring them to sign confidentiality agreements
How do businesses
(only applies to knowledge unknown publicly and
protect trade secrets from
amounts to trade secrets)
employees?
-agreement not to compete
an order by a judge to do or refrain from doing
injunction
something
Why do trade secret to prevent others who misappropriated their trade
owners get injunctions? secrets from sharing or using it
-makes it a crime to steal trade secrets
-provides fines up to 5M for organizations and 10
Economic Espionage Act
years in prison
(EEA)
-stricter penalties if misappropriated for a foreign
government
SOE state-owned enterprise
conveys right to exclude other from making, using,
What does a patent do? selling or importing a covered invention, firmly
associated with an inventive act.
What allows Congress to the Constitution
make patents?
exclusive right created by statute and conveyed by
patent US Patent and Trademark Office (PTO) for a limited
period of time
-new, non-obvious useful (functional) processes,
machines, compositions of matter or improvements
utility patent
there of
-term of 20 years from filing date
-new, original, and ornamental design for an article of
manufacture
design patent
-relates to appearance, not function
-term is 14 years from filing date
Answers
Save
Terms in this set (136)
property in information and its application or
intellectual property
expression
to promote progress of science and the useful arts
Why do we secure (knowledge and creativity, invention)
exclusive rights for
intellectual property? promotes incentive which drives research and
development
What is the cost of temporarily reduces competition that could increase
intellectual property? availability and keep prices low
Once information is in the can't
public domain it, an
intellectual property right
____ be applied to
recapture it
any form of knowledge or information that has
economic value from not being generally known to
others and has been the subject of reasonable efforts
trade secret
by the owner to maintain secrecy
originally developed as common law
How do you violate trade misappropriate the information, making you liable
secrets?
,What act do most states Uniform Trade Secrets Act (UTSA)
use regarding trade
secrets now?
What does it take to make 1. Establish that a trade secret exists
a successful trade secret 2. Demonstrate misappropriation
case?
1. Identify confidential knowledge based resources
(conduct trade secret audit to identify all valuable
forms of information possessed by the business)
2. Preserve secrecy
Steps in protecting trade
secrets -reasonable measures include: physically locking
away written material, firewalls, encryption,
confidentiality restrictions
-companies regulate who can visit business and what
parts of it
-nondisclosure agreements (NDAs)
Martin memorized AMA's client list and took 15 of
Al Minor and Associates,
them. Was still considered a trade secret even though
Inc. v. Martin
memorized so Martin lost suit.
-when one improperly acquires secret information
through burglary, espionage, or computer hacking
When does
-when one, knowing their duty, discloses information
misappropriation occur?
they had a duty to keep secret -acquires a secret from
someone, knowing they had a duty to keep it secret
What does not constitute independent creation or reverse engineering (unless
misappropriation? contractually agreed to keep secret)
benefits of trade secrets viable, inexpensive, long-lived
valuable information relating to processes or
what is it best to use trade
techniques that won't be disclosed when a product or
secret for?
service is sold
limitation on trade secrets secrets can get out during normal marketing
, -requiring them to sign confidentiality agreements
How do businesses
(only applies to knowledge unknown publicly and
protect trade secrets from
amounts to trade secrets)
employees?
-agreement not to compete
an order by a judge to do or refrain from doing
injunction
something
Why do trade secret to prevent others who misappropriated their trade
owners get injunctions? secrets from sharing or using it
-makes it a crime to steal trade secrets
-provides fines up to 5M for organizations and 10
Economic Espionage Act
years in prison
(EEA)
-stricter penalties if misappropriated for a foreign
government
SOE state-owned enterprise
conveys right to exclude other from making, using,
What does a patent do? selling or importing a covered invention, firmly
associated with an inventive act.
What allows Congress to the Constitution
make patents?
exclusive right created by statute and conveyed by
patent US Patent and Trademark Office (PTO) for a limited
period of time
-new, non-obvious useful (functional) processes,
machines, compositions of matter or improvements
utility patent
there of
-term of 20 years from filing date
-new, original, and ornamental design for an article of
manufacture
design patent
-relates to appearance, not function
-term is 14 years from filing date
