Implied License

Description: This quiz will test your knowledge on the concept of implied license in trade secret law.
Number of Questions: 15
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Tags: trade secret implied license intellectual property
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What is an implied license?

  1. A license that is granted by a court of law.

  2. A license that is created by operation of law.

  3. A license that is agreed upon by the parties.

  4. A license that is granted by the government.


Correct Option:
Explanation:

An implied license is a license that is created by operation of law, rather than by an express agreement between the parties.

What are the two main types of implied licenses?

  1. Shop rights and equitable licenses.

  2. Estoppel licenses and promissory licenses.

  3. Implied-in-fact licenses and implied-in-law licenses.

  4. Non-exclusive licenses and exclusive licenses.


Correct Option:
Explanation:

The two main types of implied licenses are implied-in-fact licenses and implied-in-law licenses.

What is an implied-in-fact license?

  1. A license that is created by the conduct of the parties.

  2. A license that is created by a court of law.

  3. A license that is agreed upon by the parties.

  4. A license that is granted by the government.


Correct Option:
Explanation:

An implied-in-fact license is a license that is created by the conduct of the parties, rather than by an express agreement.

What is an implied-in-law license?

  1. A license that is created by a court of law.

  2. A license that is created by the conduct of the parties.

  3. A license that is agreed upon by the parties.

  4. A license that is granted by the government.


Correct Option:
Explanation:

An implied-in-law license is a license that is created by a court of law, rather than by an express agreement or the conduct of the parties.

What are the elements of an implied-in-fact license?

  1. Permission, knowledge, and consideration.

  2. Permission, use, and benefit.

  3. Permission, knowledge, and use.

  4. Permission, knowledge, and benefit.


Correct Option:
Explanation:

The elements of an implied-in-fact license are permission, knowledge, and use.

What are the elements of an implied-in-law license?

  1. Necessity, unjust enrichment, and estoppel.

  2. Necessity, benefit, and estoppel.

  3. Necessity, knowledge, and estoppel.

  4. Necessity, use, and estoppel.


Correct Option:
Explanation:

The elements of an implied-in-law license are necessity, unjust enrichment, and estoppel.

What is the difference between an implied-in-fact license and an implied-in-law license?

  1. Implied-in-fact licenses are created by the conduct of the parties, while implied-in-law licenses are created by a court of law.

  2. Implied-in-fact licenses are created by a court of law, while implied-in-law licenses are created by the conduct of the parties.

  3. Implied-in-fact licenses are created by an express agreement, while implied-in-law licenses are created by operation of law.

  4. Implied-in-fact licenses are created by operation of law, while implied-in-law licenses are created by an express agreement.


Correct Option:
Explanation:

Implied-in-fact licenses are created by the conduct of the parties, while implied-in-law licenses are created by a court of law.

What are some examples of implied-in-fact licenses?

  1. A customer who brings a car to a mechanic for repairs has an implied-in-fact license to use the mechanic's tools.

  2. A tenant who rents an apartment has an implied-in-fact license to use the landlord's common areas.

  3. A student who enrolls in a college course has an implied-in-fact license to use the college's library.

  4. All of the above.


Correct Option:
Explanation:

All of the above are examples of implied-in-fact licenses.

What are some examples of implied-in-law licenses?

  1. A person who is forced to enter another person's property to save their own life has an implied-in-law license to do so.

  2. A person who is unjustly enriched by the use of another person's property has an implied-in-law license to continue using the property.

  3. A person who is estopped from denying the existence of a license has an implied-in-law license.

  4. All of the above.


Correct Option:
Explanation:

All of the above are examples of implied-in-law licenses.

What are the benefits of an implied license?

  1. They allow the parties to avoid the need for a formal agreement.

  2. They are more flexible than express licenses.

  3. They are less expensive than express licenses.

  4. All of the above.


Correct Option:
Explanation:

All of the above are benefits of an implied license.

What are the risks of an implied license?

  1. They can be difficult to prove.

  2. They can be difficult to enforce.

  3. They can be terminated at any time by either party.

  4. All of the above.


Correct Option:
Explanation:

All of the above are risks of an implied license.

How can an implied license be terminated?

  1. By the parties' mutual agreement.

  2. By the occurrence of a specified event.

  3. By the passage of time.

  4. All of the above.


Correct Option:
Explanation:

An implied license can be terminated by the parties' mutual agreement, by the occurrence of a specified event, or by the passage of time.

What are some of the defenses to an implied license claim?

  1. Lack of permission.

  2. Lack of knowledge.

  3. Lack of use.

  4. All of the above.


Correct Option:
Explanation:

All of the above are defenses to an implied license claim.

What are some of the remedies for an implied license breach?

  1. Injunction.

  2. Damages.

  3. Rescission.

  4. All of the above.


Correct Option:
Explanation:

All of the above are remedies for an implied license breach.

What are some of the factors that courts consider when determining whether to grant an implied license?

  1. The relationship between the parties.

  2. The conduct of the parties.

  3. The surrounding circumstances.

  4. All of the above.


Correct Option:
Explanation:

All of the above are factors that courts consider when determining whether to grant an implied license.

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