The fixation requirement exists to separate

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the work must be expressed in some fixed form, such as on paper or diskette. The fixation requirement exists to separate unprotectable ideas from protectable expression and to provide a means of comparison for judging whether copying has been infringed. PTS: 1 DIF: Medium REF: 440 BLM: Remember 6. Identify the factors that must be considered in order to assess whether a dealing is fair. ANS: The following factors must be considered in order to assess whether a dealing is fair: i) the purposes of the dealing ii) the character of the dealing iii) the amount of the dealing
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iv) alternatives to the dealing v) the nature of the work vi) the effect of the dealing on the work PTS: 1 DIF: Medium REF: 444 BLM: Remember 7. Identify the general categories of information commonly used in a business or commercial context that would be considered confidential. ANS: The general categories of information commonly used in a business or commercial context that would be considered confidential include the following: i) strategic business information (e.g., customer lists, price lists, bookkeeping methods) ii) products (e.g., recipes and formulas) iii) compilations (e.g., databases) iv) technological secrets (e.g., scientific processes, know-how) PTS: 1 DIF: Medium REF: 445 BLM: Remember 8. Briefly discuss how parties may acquire an express obligation to keep information confidential and how that obligation is often expressed in relation to an employee. ANS: Parties may acquire an express obligation to keep information confidential through a non- disclosure agreement. Non-disclosure agreements require recipients of information to respect its confidentiality by agreeing not to discuss, disclose, or use it. Employees are often required by the terms of their employment contracts to keep certain information confidential. PTS: 1 DIF: Easy REF: 446 BLM: Remember 9. Briefly discuss the Berne Convention, including who it applies to and what it provides. ANS: The Berne Convention applies to literary and artistic works. It provides for automatic copyright protection to nationals of member states without any requirement for formalities. PTS: 1 DIF: Easy REF: 451 BLM: Remember 10. Identify the elements that determine the patentability of intellectual property, the duration of the patent, and prohibitive elements that an owner of intellectual property should consider, if any. ANS:
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Patentability is dependent on the demonstration that the intellectual property is new, useful, and obvious. Patent protection is limited to 20 years. The high cost of patenting intellectual property can be prohibitive when the patent would protect a relatively low-priced item. PTS: 1 DIF: Easy REF: 428 | 429 | 430 BLM: Remember
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  • Fall '13
  • DougPeterson
  • Intellectual property law

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