LEB 320F Ch. 9 Exam Questions and
Answers 100% Solved | Graded A+
intellectual Property Law - ✔✔Trademarks, trade secrets, patents, and
copyrights
-more important in modern times
-intangible assets
IPL concepts - ✔✔1) Protects certain types of knowledge, ideas, and
expressions by granting exclusive rights to creators
2) When someone else violates these rights, the violator is engaging in a
form of competition that is unlawful
3) Even though there is a general consensus that intellectual property laws
benefit society in the long run, such laws can go too far. I.e. something
useless gets IP protected, society doesn't reap real benefits.
Trade-Related Intellectual Property Rights sets # of minimum requirements
for IP protection in all member states
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,Trade Secret - ✔✔Any type of knowledge that is not generally known and is
not readily available through legal means, if the knowledge gives its owner
a competitive advantage over rivals who do not have the knowledge.
-Uniform Trade Secrets Act (UTSA)
To bring a trade secret misappropriation case, a plaintiff must prove -
✔✔(1) the information actually was a trade secret
(2) the plaintiff had maintained reasonable measures to protect secrecy
(3) the defendant improperly acquired, used or disclosed the trade secret
information
To qualify for a trade secret - ✔✔1) the extent to which the information is or
is not known outside the company
(2) how easy or difficult it would be for someone else to independently
develop the information or to acquire it properly
(3) value of the information to the company
(4) amount of time and money it took the company to create the information
(5) how well the company has protected the information
the law expects a trade secret owner to go into protecting a secret factors -
✔✔1) how valuable is the info
2) how much would additional protective measures cost
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, 3) how much would security measures interfere with employees' ability to
do their jobs
4) how much protection would additional security measures provide?
Coca- Cola Formula - ✔✔- prototypical trade secret
-Can't be general knowledge
- Not accessible by legal means
- Info gives owner a competitive edge
typical measures - ✔✔-providing info in restricted areas, keeping doors and
gates locked, requiring IDs and good computer password policies, using
surveillance cameras or other appropriate devices such as motion
detectors, having fences
E.I duPont de Nemours and Co v. Christopher - ✔✔Dupont designed a
refining plant to enable them to use its new, secret process for producing
methanol.
Someone (a skilled individual) could figure it out just by looking at the
construction model of the refining plant
Court held that the requirement of reasonable protective efforts did not
mean that dupont was required to build a dome over the construction site
(something expensive + extra)
Defendants Misappropriated by taking aerial shots of the plant.
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved | Graded A+
intellectual Property Law - ✔✔Trademarks, trade secrets, patents, and
copyrights
-more important in modern times
-intangible assets
IPL concepts - ✔✔1) Protects certain types of knowledge, ideas, and
expressions by granting exclusive rights to creators
2) When someone else violates these rights, the violator is engaging in a
form of competition that is unlawful
3) Even though there is a general consensus that intellectual property laws
benefit society in the long run, such laws can go too far. I.e. something
useless gets IP protected, society doesn't reap real benefits.
Trade-Related Intellectual Property Rights sets # of minimum requirements
for IP protection in all member states
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,Trade Secret - ✔✔Any type of knowledge that is not generally known and is
not readily available through legal means, if the knowledge gives its owner
a competitive advantage over rivals who do not have the knowledge.
-Uniform Trade Secrets Act (UTSA)
To bring a trade secret misappropriation case, a plaintiff must prove -
✔✔(1) the information actually was a trade secret
(2) the plaintiff had maintained reasonable measures to protect secrecy
(3) the defendant improperly acquired, used or disclosed the trade secret
information
To qualify for a trade secret - ✔✔1) the extent to which the information is or
is not known outside the company
(2) how easy or difficult it would be for someone else to independently
develop the information or to acquire it properly
(3) value of the information to the company
(4) amount of time and money it took the company to create the information
(5) how well the company has protected the information
the law expects a trade secret owner to go into protecting a secret factors -
✔✔1) how valuable is the info
2) how much would additional protective measures cost
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, 3) how much would security measures interfere with employees' ability to
do their jobs
4) how much protection would additional security measures provide?
Coca- Cola Formula - ✔✔- prototypical trade secret
-Can't be general knowledge
- Not accessible by legal means
- Info gives owner a competitive edge
typical measures - ✔✔-providing info in restricted areas, keeping doors and
gates locked, requiring IDs and good computer password policies, using
surveillance cameras or other appropriate devices such as motion
detectors, having fences
E.I duPont de Nemours and Co v. Christopher - ✔✔Dupont designed a
refining plant to enable them to use its new, secret process for producing
methanol.
Someone (a skilled individual) could figure it out just by looking at the
construction model of the refining plant
Court held that the requirement of reasonable protective efforts did not
mean that dupont was required to build a dome over the construction site
(something expensive + extra)
Defendants Misappropriated by taking aerial shots of the plant.
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
