Exam 20: Intellectual Property

A is employed as a research technician in a large technology company.In his employment contract there is a confidentiality provision prohibiting A from disclosing confidential information relating to the company.If A goes ahead and discloses the company's confidential information,he will be guilty of

George & Co.,Ltd.patented an invention in Canada in 2005 for which there is huge public demand.Happy Co.is in the same line of business,and has the capacity to meet the demand for the new product.In this situation,

Explain why an inventor might prefer to protect an invention by way of trade secret rather than applying for a patent.

A manufactures a container with a distinct ornamental shape to it,and now A's customers identify that design with A.if A wishes to protect the design of the container,A can

Enterprise Canada carries on the business of renting cars and has registered under the Trade-marks Act.A business consulting service calling itself Enterprise Canada would likely fail in an attempt to register such a name because "Enterprise Canada"

Explain how confidential information is protected today.

Where an employee of a company invents a new machine during company time,only the employee can copyright it.

Today,are downloaders likely to be guilty of copyright infringement,and why?

Is it always necessary to suffer damages before an action for passing-off can be brought?

Which of the following is NOT a condition that must be satisfied for a mark to be registered?

A ________ is a right in a new invention,a ________ is a right to manufacture an artistic design,a ________ identifies a product or service,and a ________ is ownership in an artistic or literary work.

Alice invents a kayak rudder that is virtually identical to one for which Jim has a patent in Canada.Alice did not know of Jim's rudder and did not copy it.Alice should not produce and market her rudder in Canada because she could be liable for patent infringement.

If A reproduces and sells a film whose author copyrighted it in a country that is not a signatory to the Berne Convention,the author cannot sue A for copyright infringement.

Use the fact situation in Q6 to answer the related question that follows. Assume that John Bigs has not secured the name and logo of the T-shirts by registration and that the other company registers the name and logo under the Trade-marks Act.In order to protect himself,John will

Use the fact situation in Q3 to answer the related question that follows. If the program were copyrighted by the company under a written employer-employee contract,

What is an Anton Pillar order?

Which of the following is NOT a moral right?

Use this fact situation to answer the related questions that follow. John Bigs has been in business selling T-shirts for three years now.His T-shirts are called "Bigs" and have the silver and red logo design JB on the left front breast area.The entire public knows John's T-shirts by the name Bigs and the logo JB.John has just heard that another company is contemplating making T-shirts like his own using a logo in silver only that reads JB and intends to call them "BGs." At common law

Patents granted based on applications filed before October 1989 last 20 years.

When does the common law tort of passing-off occur?