History and Sources of Intellectual Property Law Self-Quiz







The ?Statute of Monopolies? was significant because?

Choice 1 It marked the first time in American history that copyrights has been recognized as a form of intellectual property.
Choice 2 It broke with British tradition and afforded intellectual property rights to the person who was responsible for creating the intellectual property.
Choice 3 It was found to be unconstitutional by the United States Supreme Court.
Choice 4 It was never adopted under the British common law, but it did develop under American law.
Intellectual Property law is?
Choice 1 As with other forms of property law, generally within the province of state law to govern.
Choice 2 Generally within the province of federal law to govern.
Choice 3 An area where no state law may constitutionally have any impact whatsoever.
Choice 4 Not within the scope of Congress to legislate.
A reason that the Constitution gave the federal government power over the field of intellectual property law is that?
Choice 1 Varying intellectual property laws between the states would seriously impede the flow of commerce among the states.
Choice 2 State legislatures are not considered to be competent to pass complex intellectual property laws.
Choice 3 A state making laws in the intellectual property field would violate the “commerce clause” in the U.S. Constitution.
Choice 4 All of the above.
Ben and Jerry seek to patent the method of creating a new flavor of ice cream, called ?Vermontberry Crunch.? However, Vermont, the state in which Ben and Jerry live, has a law that prevents the patenting of the method for creating ice cream flavors, as its legislature has determined that anything that can restrict other people from making delicious ice cream is against public policy. If Ben and Jerry challenge this law, the law will probably be?

Choice 1 Upheld, because of the strong public policy that Vermont is trying to protect.
Choice 2 Upheld, unless a federal law specifically allows the patenting of the method by which ice cream flavors are created.
Choice 3 Struck down, because a state may never pass a law that affects intellectual property rights.
Choice 4 Struck down, because the question of what can be patented is something that Congress has decided to regulate in its entirety.
Jane operates a website that is devoted to providing viewers with information about space and expeditions to space made by astronauts. Space Out, Inc., is a private company that builds space ships and, for a very large fee, will bring its customer on a journey to outer space and back (hopefully). One day, when Space Out is launching one of these tourist ships, Jane videotapes the launch (from public property) and posts information about the status of the flight (which she gets legally) on her website every hour. She charges a subscription fee for people to be able to access the portion of her site on which this information is posted. If Space Out sues Jane for misappropriation of is intellectual property because she is using their flight for her profit, Space Out will likely...
Choice 1 Prevail, because one may not make money off the actions of another without permission.
Choice 2 Prevail, because this meets all the elements of the tort of misappropriation.
Choice 3 Not prevail, unless Space Out sought and received intellectual property protection for its flight in the form of a patent or copyright.
Choice 4 Not prevail, because the elements of misappropriation are probably not met in this case.

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