ETH 321 Week 4 Knowledge Check
Identify the true statement about administrative agencies.
They are not authorized to perform legislative functions.
They are charged with the task of creating regulations that are legally enforceable.
They have only judicial and not executive powers.
Their functions do not encompass the enforcement of regulations made by Congress
Which of these demonstrates the adjudication function of administrative agencies?
Granting licenses to industries and professionals
Distributing the statutory benefits provided by Congress
Studying the broad policies made by Congress
Deciding cases that involve violations of agency rules
What is true about the activities of administrative agencies?
They work independently of Congress.
They review judgments of trial courts
They grant licenses and permits.
Their scope of functioning is limited to legislation
Identify the true statement about the rulemaking process followed by administrative agencies
The rulemaking process is formal and requires a comprehensive hearing.
Agencies are prohibited from involving experts from outside the government in the rulemaking process.
Agencies are required to make public any material such as reports and studies that they used during rulemaking.
Agencies must publish the rule in the federal register only after holding public hearings
What is true about the powers of administrative agencies?
All actions of the administrative agencies are reviewable by the judiciary.
Administrative agencies cannot decide by themselves about when and whom to regulate.
Administrative agencies have the authority only to grant licenses and not revoke them.
Administrative agencies are authorized to conduct inspections of businesses and individuals
Which power of administrative agencies allows them to create quasi-court trial settings to hear disputes that arise in their jurisdictions?
Rulemaking
Adjudication
Inspection
Legislation
When does misappropriation of a trade secret occur?
When someone acquires a trade secret illegally
When someone conducts research to discover a trade secret
When someone uses reverse engineering to figure out a trade secret
When the owner unintentionally shares the secret with others
Identify the true statement about trade secret protection.
It expires after a very limited period of time.
It is lost if the owner does not take adequate measures to prevent misappropriation.
It considers reverse engineering as misappropriation and enables the owner to recover damages.
It can be availed for all kinds of trade practices, whether or not they have economic value.
Identify the true statement about the Uniform Trade Secrets Act.
It provides recourse to owners of trade secrets even in cases where the secret was lost because of the owner’s negligence.
It does not contain any criminal sanctions.
It prohibits reverse engineering of trade secrets.
It does not provide trade secret protection for processes and methods
What is true about arbitrary trademarks?
They are generally provided with a very low level of protection.
They do not have a strong logical connection with the products or services that they represent.
They directly describe the characteristics of products they represent.
They tend to be less distinctive than the other types of trademarks
What statement is true in the context of acquiring trademark rights?
Trademarks cannot be used in more than one geographic location.
Descriptive trademarks cannot get protection.
Trademark rights can only be acquired by registering the mark before it is used.
Trademark rights can be acquired by being the first to put the mark to use in commerce
Which of these can be protected under the Copyright Act?
Innovative ideas
Processes
Scientific principles
Recorded audio