Question 1

Section 2 of the Trade-marks Act defines a trademark to include a distinguishing guise.

Accepted Answer

A) True 
 B)False

Question 2

What is an Anton Pillar order?

Accepted Answer

It is an order of the court permitting a

Question 3

A copyright assigned by A to B cannot be further assigned by B to C without the consent of A.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

If the inventor applies for a patent,the

Question 5

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.

Accepted Answer

A) patent;trade name;distinctive guise;certification mark 
B) compulsory licence;license;trademark;patent 
C) patent;industrial design;trademark;copyright 
D) industrial design;patent;trademark;copyright 
E) trademark;compulsory licence;industrial design;copyright 
A) patent;trade name;distinctive guise;certification mark 
B) compulsory licence;license;trademark;patent 
C) patent;industrial design;trademark;copyright 
D) industrial design;patent;trademark;copyright 
E) trademark;compulsory licence;industrial design;copyright

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Genetic alterations in animals can be patented.

Accepted Answer

A) True 
 B)False

Question 9

Registration alone does not make a person the owner of a trademark.

Accepted Answer

A) True 
 B)False

Question 10

Explain the notion of fair dealing in copyright law.

Accepted Answer

An infringement of copyright occurs when

Question 11

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

Accepted Answer

A) register the design as both a trademark and an industrial design. 
B) register the design as an industrial design only. 
C) patent the design. 
D) copyright the design. 
E) register the design as a trademark only. 
A) register the design as both a trademark and an industrial design. 
B) register the design as an industrial design only. 
C) patent the design. 
D) copyright the design. 
E) register the design as a trademark only.

Question 12

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

Accepted Answer

A) industrial design infringement. 
B) patent infringement. 
C) trademark infringement. 
D) breach of contract. 
E) copyright infringement. 
A) industrial design infringement. 
B) patent infringement. 
C) trademark infringement. 
D) breach of contract. 
E) copyright infringement.

Question 13

Great Film Company (GFC)makes movies in DVD format and sells them to video stores for sale or rental.It owns the copyright in the films and the DVDs.GFC has just learned that Shady Video Store (SVS)is making knock-offs or copies of its movies on DVD and selling them to the public.In this case,GFC can

Accepted Answer

A) sue SVS for damages for copyright infringement. 
B) ask the court for an Anton Pillar order to permit GFC to go to SVS and seize the illegal DVDs. 
C) ask the court for an injunction preventing SVS from copying and selling GFC's DVDs. 
D) ask for an accounting of SVS's profits. 
E) all of the above 
A) sue SVS for damages for copyright infringement. 
B) ask the court for an Anton Pillar order to permit GFC to go to SVS and seize the illegal DVDs. 
C) ask the court for an injunction preventing SVS from copying and selling GFC's DVDs. 
D) ask for an accounting of SVS's profits. 
E) all of the above

Question 14

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

Accepted Answer

A party who is suffering damages because

Question 15

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

Accepted Answer

A) The mark must not be clearly descriptive or deceptively misdescriptive of the character or quality of the wares or services,or their place of origin. 
B) The mark must not be a word that is primarily merely the name or surname of an individual who is living or who died within the preceding 30 years. 
C) The plaintiff must establish,with the support of witnesses,that the mark is his own. 
D) The mark must not be the name of any of the wares or services in connection with which it is used. 
E) The mark must not be likely to be confused with a registered trademark. 
A) The mark must not be clearly descriptive or deceptively misdescriptive of the character or quality of the wares or services,or their place of origin. 
B) The mark must not be a word that is primarily merely the name or surname of an individual who is living or who died within the preceding 30 years. 
C) The plaintiff must establish,with the support of witnesses,that the mark is his own. 
D) The mark must not be the name of any of the wares or services in connection with which it is used. 
E) The mark must not be likely to be confused with a registered trademark.

Question 16

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

Accepted Answer

A) September 28,2014. 
B) June 19,2014. 
C) May 12,2024. 
D) May 12,2014. 
E) October 17,2014. 
A) September 28,2014. 
B) June 19,2014. 
C) May 12,2024. 
D) May 12,2014. 
E) October 17,2014.

Question 17

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

Accepted Answer

A) May 2007. 
B) May 2015. 
C) May 2010. 
D) 50 years after John's death. 
E) May 2012. 
A) May 2007. 
B) May 2015. 
C) May 2010. 
D) 50 years after John's death. 
E) May 2012.

Question 18

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,

Accepted Answer

A) Alice would have the right to have her name associated with it no matter what the contract said. 
B) Alice would have the right to have her name associated with it unless the contract said otherwise. 
C) only Alice could license the program to the Homeland Security Office who wished to use it. 
D) the length of copyright protection for the program would be 50 years. 
E) neither Alice nor the company would have any rights unless the copyright was registered. 
A) Alice would have the right to have her name associated with it no matter what the contract said. 
B) Alice would have the right to have her name associated with it unless the contract said otherwise. 
C) only Alice could license the program to the Homeland Security Office who wished to use it. 
D) the length of copyright protection for the program would be 50 years. 
E) neither Alice nor the company would have any rights unless the copyright was registered.

Question 19

Which of the following is NOT a moral right?

Accepted Answer

A) the right to be associated with the work as its author by name or pseudonym or to remain anonymous 
B) the right to the integrity of the work 
C) the right to prevent the work from being distorted or mutilated 
D) the right to prevent the work from being used in association with a product,service,or cause 
E) the right to be paid upon the performance of the work 
A) the right to be associated with the work as its author by name or pseudonym or to remain anonymous 
B) the right to the integrity of the work 
C) the right to prevent the work from being distorted or mutilated 
D) the right to prevent the work from being used in association with a product,service,or cause 
E) the right to be paid upon the performance of the work

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 20: Intellectual Property

Section 2 of the Trade-marks Act defines a trademark to include a distinguishing guise.

What is an Anton Pillar order?

A copyright assigned by A to B cannot be further assigned by B to C without the consent of A.

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

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.

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

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

Genetic alterations in animals can be patented.

Registration alone does not make a person the owner of a trademark.

Explain the notion of fair dealing in copyright law.

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

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

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

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

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

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,

Which of the following is NOT a moral right?

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

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

Filters

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.