Question 1

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 2

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 3

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

Accepted Answer

A) register his mark under the Trade-marks Act. 
B) bring a passing-off action against Mary. 
C) register his mark under the Patents Act. 
D) register his mark under the Copyright Act. 
E) register his mark as an industrial design. 
A) register his mark under the Trade-marks Act. 
B) bring a passing-off action against Mary. 
C) register his mark under the Patents Act. 
D) register his mark under the Copyright Act. 
E) register his mark as an industrial design.

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) U of T will not succeed because Albert can copy copyrighted works for the purpose of research. 
B) U of T will not succeed because a university has no standing to bring a law suit. 
C) U of T will succeed against Albert because it owns the copyright. 
D) U of T will not succeed because Albert had no intention of infringing its copyright. 
E) none of the above 
A) U of T will not succeed because Albert can copy copyrighted works for the purpose of research. 
B) U of T will not succeed because a university has no standing to bring a law suit. 
C) U of T will succeed against Albert because it owns the copyright. 
D) U of T will not succeed because Albert had no intention of infringing its copyright. 
E) none of the above

Question 6

Genetic alterations in animals can be patented.

Accepted Answer

A) True 
 B)False

Question 7

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 Piller 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 Piller 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 8

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

Accepted Answer

Copyright is the expression used to desc

Question 9

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

Accepted Answer

A) the Copyright Act. 
B) the Industrial Design Act. 
C) the Patent Act. 
D) the Trade-marks Act's service marks provisions. 
E) all of the above 
A) the Copyright Act. 
B) the Industrial Design Act. 
C) the Patent Act. 
D) the Trade-marks Act's service marks provisions. 
E) all of the above

Question 10

Common or generic words such as "company,limited or commercial" are not trade markable.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting. 
B) The plaintiff must have suffered damage in consequence of passing-off. 
C) The defendant must have misrepresented its goods,service,or business as those of the plaintiff. 
D) The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place. 
E) There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant. 
A) The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting. 
B) The plaintiff must have suffered damage in consequence of passing-off. 
C) The defendant must have misrepresented its goods,service,or business as those of the plaintiff. 
D) The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place. 
E) There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant.

Question 12

Explain how confidential information is protected today.

Accepted Answer

Today,confidential information is protec

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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 15

With respect to the requirements for registration of a trademark,any person may file a notice of opposition within two months of the advertisement.Registration may be opposed on any of the following grounds EXCEPT

Accepted Answer

A) the application did not comply with the various formal requirements for filing. 
B) the mark is not registrable. 
C) the applicant is not the person entitled to registration. 
D) the mark is part of grey marketing. 
E) the mark is not "distinctive". 
A) the application did not comply with the various formal requirements for filing. 
B) the mark is not registrable. 
C) the applicant is not the person entitled to registration. 
D) the mark is part of grey marketing. 
E) the mark is not "distinctive".

Question 16

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 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

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.

Accepted Answer

A) True 
 B)False

Question 19

Where in Canada can an action be brought for infringement and where can any judgment be enforced?

Accepted Answer

Both the civil provincial courts and the

Question 20

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.

Accepted Answer

A) True 
 B)False

Exam 20: Intellectual Property

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

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

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

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

Genetic alterations in animals can be patented.

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

Common or generic words such as "company,limited or commercial" are not trade markable.

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

Explain how confidential information is protected today.

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

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

With respect to the requirements for registration of a trademark,any person may file a notice of opposition within two months of the advertisement.Registration may be opposed on any of the following grounds EXCEPT

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

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

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.

Where in Canada can an action be brought for infringement and where can any judgment be enforced?

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.

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

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