LEGL 2700 Hackleman’s COMPLETE
STUDY GUIDE *Q&A* (100% Correct)
2024/2025 |VERIFIED|
intellectual property
a creation of the mind, like an expressed idea or concept, that holds commercial significance
what article safeguards intellectual property?
article 1 section 8
who iss...
a creation of the mind, like an expressed idea or concept, that holds commercial significance
what article safeguards intellectual property?
article 1 section 8
who issues patents?
US Patent and Trademark Office (PTO)
Congress establishes a timeframe for a patent in Article _ Section _
Article 1 Section 8
to infringe upon a trade secret, one must _____________ the information
misappropriate
Uniform Trade Secrets Act
adopted by most states to safeguard trade secrets; it is necessary to demonstrate that a secret
existed, efforts were made to maintain it, and someone misappropriated and stole it, while also proving
its value to the business
T/F: a trade secret must be unique to receive protection
false
establishing the existence of a trade secret
1
, conduct an audit of trade secrets to pinpoint confidential knowledge-based resources
ways to maintain the secrecy of a trade secret
secure written materials, protect computer-stored information with firewalls and encryption,
impose confidentiality requirements, monitor visitors, and require anyone involved with the secret to
sign a nondisclosure agreement
justification
justifications often center around the actions of the creator of an intangible asset, its potential
user, and the community within which the creator operates
importance
provides motivation by granting exclusivity
competition
information property rights temporarily diminish competition, which might otherwise enhance
availability and lower consumer prices
capturing
once something enters the public domain, one cannot seek intellectual property rights to reclaim
it
trade secret
any type of knowledge or information that has economic worth due to not being widely known or
easily obtainable through proper means, and for which the owner has taken reasonable measures to
maintain confidentiality
what are the characteristics of trade secrets?
economically beneficial, do not have to be distinctive, do not have an expiration date
T/F: trade secrets do not have an expiration date
2
, true; they last until they are discovered or lost
Al Minor Associates vs. Martin
issue- Martin, an employee of the AMA, decided to launch his own business while still employed
there, and when he departed, he utilized the same customer list as AMA; he memorized the list rather
than printing it
holding- the court ruled that there is no difference between memorizing and printing the list, concluding
that Martin had violated the trade secret
demonstrating misappropriation
occurs when one wrongfully obtains or reveals confidential information
___________ ________ and _______ ___________ are not liable when misappropriation is shown
independent creation and reverse engineering
independent creation
if two individuals independently arrive at the same idea or recreate the same information
regarded as a trade secret, it does not constitute misappropriation
reverse engineering
analyzing a product to understand its workings or formulation does not count as
misappropriation, provided it is not patented
T/F: innocently acquiring information is classified as misappropriation of a trade secret
false
employee mobility and trade secrets
a confidentiality agreement prohibits employees from disclosing knowledge acquired in the
workplace
3
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