Question 1

Jack invents a small portable fan and he wants to protect the fruits of his invention. Jack has to

Accepted Answer

A)  apply for a patent. 
B)  apply for a patent and a trademark. 
C)  register an industrial design. 
D)  register a trademark. 
E)  register a copyright. 
A)  apply for a patent. 
B)  apply for a patent and a trademark. 
C)  register an industrial design. 
D)  register a trademark. 
E)  register a copyright. A

Question 2

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  True

Question 3

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

Accepted Answer

A) True 
 B)False  True

Question 4

What other factor, in addition to the registration of the trademark, is required to make a person the owner of a trademark?

Accepted Answer

A)  The person must give an undertaking at the time of registration that it will not transfer the mark to any other person after registration. 
B)  The person must possess documents evidencing its ownership of the mark at the time of registration. 
C)  The person must have filed a preliminary registration of the mark at the time of registration. 
D)  The person must must supply statements from witnesses to support his claim to the ownership of the mark. 
E)  The person must already be the owner of the mark at the time of registration. 
A)  The person must give an undertaking at the time of registration that it will not transfer the mark to any other person after registration. 
B)  The person must possess documents evidencing its ownership of the mark at the time of registration. 
C)  The person must have filed a preliminary registration of the mark at the time of registration. 
D)  The person must must supply statements from witnesses to support his claim to the ownership of the mark. 
E)  The person must already be the owner of the mark at the time of registration.

Question 5

Copyright arises automatically simply by the act of creation.

Accepted Answer

A) True 
 B)False

Question 6

A registered trademark may be infringed by the tort of passing off.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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

Question 9

Which of the following is not an element of the tort of passing off?

Accepted Answer

A)  The plaintiff must have suffered damage in consequence of passing off. 
B)  The plaintiff's services, and goods must enjoy a reputation that is of some value worth protecting. 
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 that of the defendant. 
A)  The plaintiff must have suffered damage in consequence of passing off. 
B)  The plaintiff's services, and goods must enjoy a reputation that is of some value worth protecting. 
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 that of the defendant.

Question 10

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

Question 11

What constitutes infringement of copyright?

Accepted Answer

An infringement of copyright o

Question 12

A mark will only be registered when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register.

Accepted Answer

A) True 
 B)False

Question 13

Jack starts a music store called MusicHill. The store specializes in hiphop 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 register his mark under the Trademarks Act.

Accepted Answer

A) True 
 B)False

Question 14

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 o it are pirated copies of the copyrighted work. Which of the above parties will be liable for copyright infringement?

Accepted Answer

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

Question 15

In relation to copyright, what are moral rights?

Accepted Answer

Moral rights are the rights of an author

Question 16

There is no copyright of ideas.

Accepted Answer

A) True 
 B)False

Question 17

Jack invents a small portable fan. To protect the fruits of his invention Jack has to register a copyright.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is not a work in which copyright exists?

Accepted Answer

A)  literary works 
B)  artistic works 
C)  musical works 
D)  furniture designs 
E)  dramatic works 
A)  literary works 
B)  artistic works 
C)  musical works 
D)  furniture designs 
E)  dramatic works

Question 19

A mark will only be registered

Accepted Answer

A)  after the applicant has used the mark abroad for approximately 4 weeks. 
B)  after the applicant has used the mark in Canada for approximately 2 weeks. 
C)  after the applicant has filed a declaration that it has commenced the use of the mark in Canada. 
D)  when the applicant provides supporting statements from witnesses that it is the owner of the mark. 
E)  when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register. 
A)  after the applicant has used the mark abroad for approximately 4 weeks. 
B)  after the applicant has used the mark in Canada for approximately 2 weeks. 
C)  after the applicant has filed a declaration that it has commenced the use of the mark in Canada. 
D)  when the applicant provides supporting statements from witnesses that it is the owner of the mark. 
E)  when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register.

Question 20

The best way to protect a business name is by incorporating under that name.

Accepted Answer

A) True 
 B)False

Exam 22: Intellectual Property

Jack invents a small portable fan and he wants to protect the fruits of his invention. Jack has to

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.

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

What other factor, in addition to the registration of the trademark, is required to make a person the owner of a trademark?

Copyright arises automatically simply by the act of creation.

A registered trademark may be infringed by the tort of passing off.

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

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.

Which of the following is not an element of the tort of passing off?

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

What constitutes infringement of copyright?

A mark will only be registered when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register.

Jack starts a music store called MusicHill. The store specializes in hiphop 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 register his mark under the Trademarks Act.

In relation to copyright, what are moral rights?

There is no copyright of ideas.

Jack invents a small portable fan. To protect the fruits of his invention Jack has to register a copyright.

Which of the following is not a work in which copyright exists?

A mark will only be registered

The best way to protect a business name is by incorporating under that name.

Law and Society

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

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

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

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

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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