ALP ALP Intellectual Property & Technology Law 2 — Questions and Answers
Question 1: The doctrine of 'first sale' in copyright law permits:
- A lawful purchaser to resell a physical copy of a copyrighted work (Correct answer)
- Anyone to reproduce the work freely after purchase
- The original author to reclaim rights after first publication
- Publishers to reprint works without paying royalties
Correct answer: A lawful purchaser to resell a physical copy of a copyrighted work
The first sale doctrine allows the lawful owner of a physical copy to resell, lend, or dispose of that copy without the copyright holder's permission.
Question 2: Which type of intellectual property protection is most appropriate for a novel drug compound?
- Utility patent (Correct answer)
- Trademark registration
- Copyright
- Trade secret
Correct answer: Utility patent
A utility patent protects novel, useful, and non-obvious inventions such as pharmaceutical compounds.
Question 3: How long does a U.S. utility patent last from its earliest effective filing date?
- 20 years (Correct answer)
- 17 years
- 14 years
- 28 years
Correct answer: 20 years
Under current U.S. law, utility patents have a 20-year term measured from the earliest effective filing date.
Question 4: Which agreement established international minimum standards for intellectual property protection among WTO members?
- TRIPS Agreement (Correct answer)
- Berne Convention
- Paris Convention
- Madrid Protocol
Correct answer: TRIPS Agreement
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) set minimum IP protection and enforcement standards for all WTO member countries.
Question 5: In trademark law, the 'likelihood of confusion' test is the primary standard for determining:
- Trademark infringement (Correct answer)
- Copyright validity
- Patent eligibility
- Trade secret misappropriation
Correct answer: Trademark infringement
Courts apply the likelihood of confusion test to determine whether a later mark so resembles a registered mark that consumers would be confused about source or sponsorship.
Question 6: What must a U.S. inventor do within 12 months of a public disclosure to preserve patent rights?
- File a patent application with the USPTO (Correct answer)
- Register the invention with the Copyright Office
- Apply for a trade secret designation
- Obtain a provisional trademark registration
Correct answer: File a patent application with the USPTO
U.S. patent law provides a one-year grace period after public disclosure, during which the inventor must file a patent application to preserve rights.
ALP ALP Intellectual Property & Technology Law 2
The doctrine of 'first sale' in copyright law permits: