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LEGAL 2700 Exam 3 Hackleman Study Guide Solutions
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LEGAL 2700 Exam 3 Hackleman Study Guide Solutions Intellectual Property - ANSWER-(Abe Lincoln only president to have a patent) Justification: To promote, give incentive to business/ideas, protection via patents, encourages research and development Competition (in relation to intellectual prope...

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  • November 13, 2024
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  • 2024/2025
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LEGAL 2700 Exam 3 Hackleman Study
Guide Solutions

Intellectual Property - ANSWER✔✔-(Abe Lincoln only president to have a patent)


Justification: To promote, give incentive to business/ideas, protection via patents,

encourages research and development


Competition (in relation to intellectual property) - ANSWER✔✔-Customer list, skills,

design plans


Capturing (in relation to intellectual property) - ANSWER✔✔-idea that once something

is out in the public domain, you cannot apply intellectual law to recapture it


Trade Secret - ANSWER✔✔-Knowledge/Info that is kept secret and has economic value


*reasonable steps are taken to keep info secret and this inf cannot have been learned on

one's own*


UNIFORM TRADE SECRET ACT


Establishing Existence of a Trade Secret - ANSWER✔✔-Conduct a trade secret audit to

identify confidential knowledge based-resources


Preserve Secrecy - ANSWER✔✔--lock written material

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,-secure computer stored knowledge with firewalls and encryption


-impose confidentiality restrictions


-regulate visitors


-nondisclosure agreements


Al minor & Associates VS Martin - ANSWER✔✔-Martin worked for Al Minor, then

started own business with memorized customer list


Ruled that there is no distinction between memorized or tangible information


Demonstrating Misappropriation - ANSWER✔✔-Occurs when one improperly acquires

or discloses secret info (it is a known secret)


Independent creation and reverse engineering are exempted from this


Employee mobility and Trade secrets - ANSWER✔✔-Confidentiality contracts forbid

employees from disclosing the knowledge obtained in the workplace


Employers can enforce agreements not to compete only when there is a valid business

purpose for contact


Injunction - ANSWER✔✔-Civil ruling by courts to (not) do something


Espionage - ANSWER✔✔-Obtaining secrets from the government in propose to disclose

to a foreign government (criminal)




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, Coco Cola incident - ANSWER✔✔-coca cola is a trade secret; Lady wasn't trying to sell

the recipe; but was selling R&D to Pepsi for $1.25 million dollars; she did 8 years in

prison because Pepsi turned her in to the FBI


Patent Law - ANSWER✔✔-Exclusive rights by the US Patent and Trade Office to eclude

others and is protected for a LIMITED time


New invention - ANSWER✔✔-A legal monopoly!


Utility Patent - ANSWER✔✔-New,


non-obvious,


useful processes, machines, compositions of matter or improvements thereof




20 years from filing date


Design Patent - ANSWER✔✔-New, original and ornamental design for an article of

manufacture


14 years from filing date


Plant Patent - ANSWER✔✔-New, variety of plant that can be reproduced asexually


20 years from filing date


Process for Obtaining a Patent - ANSWER✔✔-1. File application



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