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by: Bethel Graham


Bethel Graham
GPA 3.98

David Baumer

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David Baumer
Class Notes
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This 8 page Class Notes was uploaded by Bethel Graham on Thursday October 15, 2015. The Class Notes belongs to BUS 305 at North Carolina State University taught by David Baumer in Fall. Since its upload, it has received 11 views. For similar materials see /class/223667/bus-305-north-carolina-state-university in Business Management at North Carolina State University.

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Date Created: 10/15/15
Concepts that Should Be Known for Final BUS 305 Exam Be able to de ne real property At common law what rights did a landowner have with respect to airspace and subsurface rights A B C What are the three main types of deeds 7391 What is a xture Is a xture part of real property What are the factors the courts look at in de ning whether property is personal or real property in the form of a xture What is required in order to transfer real property 1 What is the difference between general warranty deed and a special warranty deed 2 What is the grantor claiming he or she owns when he or she gives the buyer a quitclaim deed 3 Be able to identify common liens and encumbrances on real estate How do the recording acts provide protection for purchasers 1 Be able to determine who has priority under variations of recording acts such as notice race and race notice statutes 2 Why have states enacted statutes that require landlords to make sure that leased premises are habitable Personal propertyiwhat are the main differences between the transfer of real property and personal property 1 What is the difference between tangible and intangible personal property 2 What is a bailment of personal property 3 Who bears the liability if bailed property is dangerous Suppose you nd some valuable property that is not yours Describe the different consequences depending on whether the property is deemed lost mislaid or abandoned How could you classify intellectual property Be able to describe the process of obtaining a patent in the Us 1 What happens if you do not agree with the decision of the Patent and Trademark Of ce E Fquot a b Under what circumstances will your patent application be disclosed even though you were not issued a patent What is the difference in novelty between Section 102a of the Patent Act and Section 102b Know the 4 disqualifying conditions under Section 102a of the Patent Act What is the one year rule under Section 102b of the Patent Act i What is the difference between a commercial sale and an experimental sale under Section 102b of the Patent Act What does Section 102g require in order for the patentee to maintain priority What is meant by reasonable diligence between conception and reduction to practice What is meant by the term prior art J How do the courts interpret nonobviousness under Section 103 l 2 What is the purpose of Section 103 What factors do the courts use in determining whether an invention is obvious or not What is the purpose of Section 102 K What are four kinds of subject matter that can be patented l 2 Why can t someone patent an idea What are some other examples of nonpatentable subject matter L What is meant by the term patent infringement 1 What are some common defenses used by defendants in patent infringement suits Is independent creation a defense in patent infringement cases What is the first inventor s defense What is the difference between a literal infringement and one that occurs due to application of the doctrine of equivalents M What are four bases for awarding damages to successful plaintiffs in patent infringement suits 11 What is the role of intent in the amount of damages awarded in patent infringement suits What is the statute of limitations in patent infringement cases N Be able to de ne a trade secret according to the Uniform Trade Secrets 7 Act Describe how the subject matter of the UTSA is greater than that for patents What are the elements of a misappropriation of trade secrets How are most trade secrets misappropriated What are proper and improper means of obtaining trade secrets What does the Economic Espionage Act of 1996 protect against 0 Be able to describe generally the interaction between misappropriation of trade secrets and employment contracts bP N What duties do employees owe employers What is the common law shop rights doctrine What is a nondisclosure agreement What is a covenant not to compete agreement When are they enforceable and not enforceable Why are injunctions very often used against former employees What are the damages associated with misappropriation of trade secrets What does the Computer Fraud and Abuse Act of 1996 prohibit Be able to define what a copyright is What are the media in which CR can be perceived A What are the main features of the Beme Convention Elk59 Even after the Beme Convention what are the main benefits of registering a CR at the Copyright Office How long do copyrights last What are some things that cannot be copyrighted Can facts be CR ed What is the difference between an idea and the expression of an idea 6 What is the level of creativity required to qualify for a copyright B What are the exclusive rights that a CR owner has 1 What is a derivative work 2 In order to demonstrate that a CR infringement has taken place what does the CR owner have to show 3 How would you de ne substantial similarity for purposes of proving a CR infringement 4 For software what is protected by CR law What is a literal CR infringement and what is an infringement of the nonliteral portions of a software program C What are the differences between actual damages in a CR infringement case and statutory damages 1 How are damages calculated in CR infringement suits based on actual damages 2 In addition to the losses incurred by the CR owner what additional damages can be captured in a CR infringement suit 3 When are criminal charges against infringers likely to occur U What is the first sale defense in a CR infringement suit 1 What special provisions are made in CR law to protect licensees of computer software E What is the fair use exception What are the factors that the courts use to evaluate whether a defendant qualifies for the fair use exception F What are the three types of CR infringements 1 If a manufacturer or software creator can show that there is a noninfringing use for their product does that insulate them from a CR infringement suit for being a contributory infringer 2 What is the difference between a contributory infringer and a vicarious infringer G What is made illegal by the No Electronic Theft Act of 1997 H How are ISPs treated for purposes of CR law Are they treated as though they were a bookstore or a publisher What protections from CR infringement suits did the DMCA provide to ISPs Are ISPs liable for transmitting emails that contain material that infringes a CR If CR owner contacts an ISP and claims that one of its subscribers is posting infringing materials does the ISP have to eliminate access for the allegedly infringing material I What is the basic function of trademarks What is the difference between a trademark trade dress and trade names Which ones can be registered What is the difference between a trade mark and a service mark What is the difference between a certi cation mark and a collective mark J What are some of the benefits of federal registration of a trademark bP N Why do some firms register their marks under state law How long does the initial registration of trademarks last What does it mean that a TM has become incontestable What is a generic trademark Why can t a business register a generic mark What is genericide How does the PTO decide that a mark is confusingly similar to a mark that is already registered What is the difference between a strong mark and a weak mark What is a suggestive mark K What constitutes a TM infringement l 4 What are the consequences if a TM owner notices a trademark that infringes and does not sue for a TM infringement What remedies does TM law provide to TM owners for those who infringe Under what circumstances can a TM owner recover triple damages for a TM infringement What is a counterfeit mark L What is the difference between TM infringement and TM dilution 1 What does the federal AntiDilution Act prohibit III 2 What is a famous mark What rights do famous mark owners have under the federal AntiDilution Act 3 What is the Anticybersquatting Consumer Protection Act of 1999 What does it prohibit What is cybersquatting Business Organization Traditional choices are Sole Proprietorships Partnerships and Corporations A More recently hybrids have emergedithe hybrids take attractive features of both partnerships and corporations B At one time cybercompanies seemed to be a distinct business type but it is increasingly apparent that nearly all businesses now have websites that do business as well as overland operations C Sole Proprietorshipsiowned and operated by a single individual 1 Be able to discuss the advantages and disadvantages of SP s 2 How is SP income taxed U Partnershipsihow are they formed 1 How is the Uniform Partnership Act like the UCC 2 Why should a partnership have a written agreement 3 What are the differences between a limited and a general partnership 4 What is a continuation agreement 5 Why are partnerships frequently adopted for taX purposes 6 What is implied in the fiduciary obligations to partners to each other and the partnership 7 What is the difference between dissolution of a partnership and winding up 8 What is the meaning of unlimited liability for partners in a partnership E What does it mean that corporations have entity status 1 Who is charged with management of a corporation 2 What is the difference between a director in a corp and corp officer 3 Be able to discuss the similarities between a small corporation and a partnership How are they different a What must a limited partner refrain from doing in order to retain limited liability 7391 4 What does a corp have to do in order to be taxed as though it was a partnership 5 What does limited liability mean 6 What does it mean that corporations are subject to double taxation 7 What are corporate bylaws What are their purpose a What issues are typically discussed in corp bylaws b Who owns duciary duties within a corpi shareholders directors and or officers 8 How do SH ers in small corps protect themselves from deadlocks or freezeouts What is a voting trust What is its purpose What are SH er preemptive rights What is the advantage of cumulative voting for minority SH ers 06x 9 Be able to discuss the fundamental changes in which corps required to obtain a majority of SH ers to approve changes a What takes place when one corp acquires another corp b What are SH er appraisal rights What triggers that ability of SH ers to demand such rights What is a limited liability company 1 What are limited liability partnerships Why are they often utilized by professionals What is a joint venture How does it differ from a partnership What is a cooperative What favorable taX treatment is accorded to cooperatives What is a franchise 1 What regulation are franchise agreements subject to 2 When does litigation between franchisors and franchisees typically occur What are some legal issues facing cyber companies 1 Who owns a website 2 What does the FTC have to do with cyber companies What are the regulatory de nitions of unfair and deceptive trade practices E Can a trade practice be unfair and not deceptive Vice Versa Suppose a company does not adhere to its own privacy policy Fquot What is the FTC Mail or Telephone Order Rule and what does it have to do with websites Why do companies have clickwrap agreements specifying choice of law and choice of forum What is a web hosting agreement


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