MorrillGallagher_IPLawSurvey_Sp06

MorrillGallagher_IPLawSurvey_Sp06 - FINAL EXAMINATION...

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FINAL EXAMINATION INTELLECTUAL PROPERTY LAW SURVEY PROFESSORS BOB MORRILL AND WILLIAM GALLAGHER SPRING 2006 1. You have three (3) hours to complete this exam. 2. This is an open book exam. You may use any written materials. 3. This exam consists of three (3) essay questions. You are not required to spend the entire time working on the exam; the average time for completion is between two and three hours. You should outline your response to each question, before writing the response. We recommend that you spend one third of the time you spend on each question creating your outline, and the remainder of your time writing your answer. For example, if you spend 1.0 hour per question, devote 20 minutes to the outline, and 40 minutes writing the answer. Question 1: 33 points Question 2: 33points Question 3: 34 points: (Part A, 10 points / Part B, 8 points / Part C, 16 points) 4. Please answer these questions in the blue books provided to you. Write only on the right hand side of the page (skipping a page each time) and double-space your work. Please write legibly. 5. Question 3 pertains to patent law. This question will be graded by Adjunct Professor Morrill. YOU MUST ANSWER THE THIRD (PATENT) QUESTION IN A SEPARATE BLUE BOOK AND WRITE PATENT QUESTION ON THE BLUE BOOK COVER . If you need more than one blue book to answer Question 3, each blue book you use must be labeled Patent Question. 6. Write your exam number on your exam envelope. Put student exam # at the top of this page, each page of questions, and each blue book. Do not use your name, student ID number, Social Security Number, or in any other way identify yourself on any exam materials. 7. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded. Good luck!
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QUESTION NO. 1 (33 points): Your client, Karen, came up with the idea for a new cookbook with recipes from various parts of the world. Part of her idea was to include a discussion of local geography, customs, and culture relevant to the particular recipes she would include in her book. Karen selected and arranged her favorite recipes from three areas of the globe: the Mediterranean, South America, and Northern Africa. Karen decided that her cookbook should be titled Global Eats . Before she wrote any of her ideas or recipes down, Karen discussed in detail her ideas for the cookbook with Brian, a former chef she was acquainted with and whose opinions Karen valued. Three months after speaking with Brian, Karen wrote a draft of her cookbook, exactly as described to Brian. Karen did not register her book with the US Copyright Office. While she was trying to interest a publisher into publishing and promoting her proposed cookbook, Karen saw that Brian had recently published a new cookbook that was very similar to Karen’s. His cookbook contained recipes from Brazil, Greece, and Morocco,
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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MorrillGallagher_IPLawSurvey_Sp06 - FINAL EXAMINATION...

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