Chapter 28 Essentials of business law 9th edition – Flashcards
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Intellectual property
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Personal property that includes knowledge, ways of doing things, and expression of ideas
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Trade secrets
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Specialized knowledge associated with a particular business, including information gained during employment about such matters as manufacturing processes, practices, devices, customer lists, and other confidential information
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Economic espionage act of 1996
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A statute makes the misappropriation or outright theft of trade secrets a federal crime.
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Restrictive covenant
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An agreement in which the employee agrees not to work in similar employment within a certain geographic area or within a specified period of time.
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Agreement not to complete
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An agreement in which the seller of a business agrees not to begin or operate a similar business within a certain geographic area or within a specified period of time.
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Trademark
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Any word, name, symbol, or device or combination thereof adopted and used by a manufacturer or merchant to identify his or her goods and distinguish them from goods manufactured or sold by others
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Trade dress
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A distinctive, nonfunctional feature that distinguishes a merchant's or manufacturer's foods or services from those of another
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Domain name
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A unique identifier that serves as an addess for a web page
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Cybersquating
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Registering or using another person's or company's domain name in bad faith for the purpose of earning a profit
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Copyright
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A valid, government-granted protection given to creators of literary, creative, or artistic works such as books, magazines, music, dramatic works, maps, works of art, motion pictures, computer programs, computer games, and videos.
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In order to receive copyright protection work must be????
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Original
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In order to receive copyright protection work must be????
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creative
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In order to receive copyright protection work must be???
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expressed in a tangible form
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Infringement
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Copying another's literary, creative, or artistic works without permission
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Fair use
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Limited copying allowed when the copyrighted material is copied without authorization for use in connection with criticism, news reporting, research, education, or parody.
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The computer software act of 1980
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Defines a computer program as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain act."
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What make cybersquatting illegal
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The anti-cybersquatting consumer protection act of 1999
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Substantial similarity test
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A test that is used to determine whether an ordinary reasonable observer comparing two works would have to conclude that the work being questioned was copied from the other
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Patent
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A valid, government-granted protection awarded to inventors that gives the patent holder the exclusive right to manufacture, use, and sell the invention
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Requirement for a patent to be issued
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The invention must be a device
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Requirement for a patent to be issued
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The invention must be useful
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Requirement for a patent to be issued
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The invention must be novel (or new)
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Requirement for a patent to be issued
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The invention must be nonobvious
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Design patents
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A patent awarded to individuals or business firms to protect distinctive patterns, figures, and shapes and to prevent unauthorized copying
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To protect its domain name from cybersquatter, they need to do what????
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There was bad faith on the part of the cybersquatter
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To protect its domain name from cybersquatter, they need to do what????
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The firm owns the trademark
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To protect its domain name from cybersquatter, they need to do what????
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The trademark is distinctive
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To protect its domain name from cybersquatter, they need to do what????
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The domain name being used by the cybersquatter is identical to (or confusingly close to) the trademarked name owned by the complaining party
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TRUE
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If a computer program is highly specialized and not intended for wide distribution, it would likely be considered a trade secret
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TRUE
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A computer program distributed to a limited number of users is usually not sold; rather, the producer of the program generally remains ownership and licenses the used of it.
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TRUE
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When its trade secrets are made public, a firm loses the advantages it had while the secrets were undisclosed.
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TRUE
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To protect its trade secrets, an employer or seller of a business may, through a restrictive covenant or an agreement not to compete, impose restrictions of secrecy on an employee or buyer of the business or forbid them from working in the same line of business or for a competing firm.
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TRUE
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It is difficult to patent computer-related inventions because many of these are not devices; are ere curiosities; adapt other, similar programs; or are designed to do certain tasks electronically that have previously been done mechanically
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TRUE
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Courts determined whether a person or business has violated the copyright of another's computer software through the use of the substantial similarity test.
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TRUE
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The test used to determine whether an ordinary reasonable observer comparing two programs would have to conclude that the software being questioned was copied from the other
