Intellectual Property, Copyright, Patent, and Trademark

Intellectual property includes which of the following?

Select ALL that apply.

• Copyrights

• Patents

• Trademarks

• Trade secrets

Which of the following is eligible for copyright protection?

Select ALL that apply.

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Answer explanation

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, and facts are all ineligible for copyright protection.

How long does copyright protection last?

• While the author is alive

• The life of the author plus 70 years

• 50 years

• 100 years

Answer explanation

Don't forget this either: Copyright protection exists on an original work the moment it is created in a tangible form, meaning that it can be observed.

True or False:

In the U.S., you can't sue someone for copyright infringement until after you register your copyright.

• True

• False

Answer explanation

"For U.S. works, registration... is necessary to enforce the exclusive rights of copyright through litigation." - U.S. Copyright Office

In other words, yes, if you want to sue someone for copyright infringement in the U.S., you have to register your copyright first.

Jimmy made copies of The Avengers and distributed them to his friends as gifts. He did not ask Disney for permission or pay them for the use of their copyrighted works.

If Disney sues him for copyright infringement, what is the MOST likely outcome?

• Jimmy will get a life sentence in prison.

• Jimmy will have to pay a fine to Disney.

• Jimmy will have to serve 100 hours of community service.

• Jimmy will have to work off his debt at Disney.

Answer explanation

While it is possible copyright infringement could result in jail time, it is usually only up to 5 years. Most copyright infringement cases handled in civil court, not criminal court.

That means that, usually, copyright violators have to pay fines and/or damages to the copyright holder.

Using a copyrighted work for the purpose of criticism, comment, news reporting, teaching, or research could be argued as permissible according to...

• Fair Use

• Trademark

• Public Domain

• Creative Commons

Match each type of intellectual property with its relevant legal protection.

• Patent

• original creative works

• Copyright

• new inventions or processes

• Trademark

• Words, phrases, symbols, etc. related to company (or brand) identity

Trish owns the patent to a design patent for a new AI-assisted medical device.

As the patent holder, all of the following are exclusive rights EXCEPT...

• She can stop other people from making her device.

• She can stop other people from using her device.

• She can stop other people from selling her device.

• She can stop other people from criticizing and commenting about her device.

Match the patent type to its description.

• Plant Patent

• For anyone who invents or discovers a new and useful process or machine

• Utility Patent

• For anyone inventing or discovering and asexually reproducing any distinct and new variety of plant

• Design Patent

• For anyone who has invented something with a new and unique appearance

Sort the following according to their relevant legal protection.

Groups:

(a) COPYRIGHT

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(b) PATENT

,

(c) TRADEMARK

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