Exam 20: Intellectual Property

Use this fact situation to answer the related questions that follow. Alice worked as an employee of a large computer conglomerate,but without an employment contract dealing with ownership of new software programs.As part of Alice's job,she produced a very unique software program for routing emergency calls to the U.S.Homeland Security Office. In this case,the software program can only be

Which of the following is NOT an element of the tort of passing-off?

For his new invention,Henry applied for a patent on May 12,1994,in Canada,on September 28,1994,in France,and on June 19,1994,in England.If Henry's patent was duly granted under the Union Convention of Paris on October 17,1994,his patent protection in France will expire on

A trademark may be renewed indefinitely and is relatively easy to register.Registration should therefore be completed by a business before it

Rogers Canada Ltd.has just created a very attractive,totally new design for a cell phone keypad for use in all of its cell phones.If the company wishes to protect its new design,it will do so under

John Jones applied for a patent for his new invention in May 1992 and the patent was granted in 1994.The patent will expire in

Explain the notion of fair dealing in copyright law.

Use the fact situation in Q6 to answer the related question that follows. If the other company actually makes the T-shirts and sells them,it will have committed

The basic rights of the owner of copyright are different from his or her moral rights.Explain.

Jack,at the request of Michael,makes copies of the latest CD of Jimmy Bones,a well-known pop star.Michael sell the CDs made for him by Jack to a store called Best Music.Best Music has no knowledge that the CDs being sold to it are pirated copies of the copyrighted work.Which of the above parties will be liable for copyright infringement?

A trademark does not have to be registered to be protected.

Features in an industrial design that are solely functional or utilitarian are not protected under the Industrial Design Act.

Albert,a graduate student at York University in Toronto,photocopied portions of a book copyrighted by the University of Toronto.Albert used the book to gain information vital to the preparation of his graduate thesis.On finding out what Albert did,the University of Toronto (U of T)sued Albert for copyright infringement.In this case,

Why is it important to seek an injunction in actions for copyright or trademark infringement?

The protection of a business's intellectual property (IP)is a significant concern when dealing with employees,consultants,or independent contractors.Furthermore,as businesses develop a new concept with the assistance of employees,consultants,or independent contractors,issues of ownership and confidentiality must be addressed.What steps can businesses take to effectively protect their existing IP or the development of a new concept?

Patent protection lasts 20 years from the date of the invention.

A design that has a distinctive shape can only be protected by registration as an industrial design.

Mary makes a photocopy of a textbook she is required to review for a class.Which of the following is true?

Where a design is such as to give rise to both a trademark and an industrial design,is it wise to register it under the Industrial Design Act? Why or why not?

Which of the following is NOT a feature of an industrial design that is protected under the Industrial Design Act?