Under copyright law, the doctrine of works for hire states that:
A. if an employee prepares a work within the scope of her employment, her employer is considered the author of the work
B. if an employee prepares a work within the scope of her work, the employee is considered the author of the work for copyright purposes
C. if the work is specially ordered or commissioned, it is always considered, for copyright purposes, the work of the employer
D. a person's original creations, if committed to tangible form, are always considered to be authored by the actual creator in the law of copyright
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To be protected by law, a mark must be distinctive enough to identify clearly the origin of the goods or services. A trade symbol may satisfy the distinctiveness requirement by
A. obtaining distinctiveness through wide public recognition.
B. being inherently distinctive
C. being a coined new word by the producer of the product
D. All of the above
Regarding trademark protection:
A. an owner may abandon the mark through non-use and lose protection.
B. cannot renew the registration unless he renews the product.
C. All of the above
D. Both (a) and (b) are true.
A utility/invention patent
A. has a longer duration than other types of patent
B. protects the ornamental designs for manufactured products
C. requires a showing of novelty, usefulness, and nonobviousness
D. All of the above
E. Only a and c
Incellmed Corporation has developed a new process that it plans to use in genetically engineering microorganisms for its pharmaceutical business. To protect the process, Incellmed may:
A. copyright the process.
B. patent the process
C. protect the process as a trade secret without registration
D. either (b) or (c) depending on the other facts of the situation
E. both (b) and (c) depending on the other facts of the situation
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