Exam 20: Intellectual Property

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"

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?

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

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

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

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

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

Copyright arises automatically simply by the act of creation.

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.

Explain how confidential information is protected today.

The copying of a musical work for the private use of the person copying it constitutes copyright infringement.

An Anton Pillar order gives the party to whom it is granted the right to go into the business or other premises of someone who may be guilty of copyright infringement even before a lawsuit is commenced.In such a situation,what value would such an order have?