Exam 20: Intellectual Property

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

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

One of the elements of the tort of passing-off is that the plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.

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

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?

Generally speaking,computer software can be protected by both copyrighting it and patenting it.

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

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

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. If the other company actually makes the T-shirts and sells them,it will have committed

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

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

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

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,

There is no copyright of ideas.

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,

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

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

Jack starts a music store called MusicHill.The store specializes in hip hop and other popular music for teenagers.Later,Mary also sets up her own music store and calls it Musichills.To protect his trademark,Jack may

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?