Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

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

Accepted Answer

A) Mary is protected by the law regarding injunctions. 
B) Mary is liable for infringement of a trademark. 
C) Mary has to provide the author of the work with royalties for making the copy. 
D) Mary is protected by the principle of fair dealing. 
E) Mary is liable for copyright infringement. 
A) Mary is protected by the law regarding injunctions. 
B) Mary is liable for infringement of a trademark. 
C) Mary has to provide the author of the work with royalties for making the copy. 
D) Mary is protected by the principle of fair dealing. 
E) Mary is liable for copyright infringement. D

Question 3

There is no copyright of ideas.

Accepted Answer

A) True 
 B)False  True

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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?

Accepted Answer

A) Jack and Michael 
B) Michael and Best Music 
C) Jack,Michael,and Best Music 
D) Jack 
E) Michael 
A) Jack and Michael 
B) Michael and Best Music 
C) Jack,Michael,and Best Music 
D) Jack 
E) Michael

Question 6

The legal definition of goodwill is the positive association that attracts customers towards the owner's wares or services rather than those of its competitor.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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

Accepted Answer

The simple answer to this question is no

Question 9

Copyright arises automatically simply by the act of creation.

Accepted Answer

A) True 
 B)False

Question 10

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?

Accepted Answer

Employees,consultants,or independent con

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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 14

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

Accepted Answer

A) seeks copyright protection. 
B) asks its employees to execute a confidentiality agreement. 
C) invests heavily in naming a company or promoting a brand. 
D) claims an industrial design. 
E) brings an action for impeachment. 
A) seeks copyright protection. 
B) asks its employees to execute a confidentiality agreement. 
C) invests heavily in naming a company or promoting a brand. 
D) claims an industrial design. 
E) brings an action for impeachment.

Question 15

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"

Accepted Answer

A) is a certification mark. 
B) is probably a prohibited mark. 
C) does not meet the "coined" requirement to be a trade name. 
D) is not a sufficiently distinctive guise. 
E) is not a service mark. 
A) is a certification mark. 
B) is probably a prohibited mark. 
C) does not meet the "coined" requirement to be a trade name. 
D) is not a sufficiently distinctive guise. 
E) is not a service mark.

Question 16

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 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) the method of manufacturing the parts 
B) the handle that opens the door 
C) patterns on the design 
D) the shape of patterns on the design 
E) the shape of the design 
A) the method of manufacturing the parts 
B) the handle that opens the door 
C) patterns on the design 
D) the shape of patterns on the design 
E) the shape of the design

Question 19

What is an Anton Piller order?

Accepted Answer

It is an order of the court permitting a

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 20: Intellectual Property

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

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

There is no copyright of ideas.

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.

The legal definition of goodwill is the positive association that attracts customers towards the owner's wares or services rather than those of its competitor.

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

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

Copyright arises automatically simply by the act of creation.

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

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

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.

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

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"

Which of the following is NOT a moral right?

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

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

What is an Anton Piller order?

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

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.