Question 1

Briefly describe the requirement of fixation as well as its purpose as it relates to copyright law.

Accepted Answer

The requirement of fixation means that the work must be expressed in some fixed form,such as paper or diskette.Works such as speeches,luncheon addresses,and interviews that do not exist in a fixed form do not attract copyright.The fixation requirement exists to separate unprotectable ideas from protectable expression and to provide a means of comparison for judging whether copyright has been infringed.

Question 2

Tyrone's business has been able to successfully redirect a competitor's traffic to his website.Which statement most strongly supports the competitor's attempt to recover its customer traffic flow?

Accepted Answer

A)  Institute injunctive proceedings with ICANN or CIRA. 
B)  Initiate a complaint with the domain name provider regarding bad faith registration. 
C)  Initiate a search by the registrar to ascertain entitlement on a first registered basis. 
D)  Institute court proceedings for copyright infringement. 
A)  Institute injunctive proceedings with ICANN or CIRA. 
B)  Initiate a complaint with the domain name provider regarding bad faith registration. 
C)  Initiate a search by the registrar to ascertain entitlement on a first registered basis. 
D)  Institute court proceedings for copyright infringement. B

Question 3

Discuss the rights attributable to a registered industrial design.

Accepted Answer

The registration of an industrial design gives the owner the exclusive right to make,import,or sell any article in respect to which the design is registered.As well,the owner of the design can stop competitors from manufacturing and selling a design that looks confusingly similar.An industrial design registration lasts for ten years.The owner of the design will not be entitled to a court award for infringement if its products were not properly marked to give notice of its registration.

Question 4

What valid commonality do the elements of private study,research,criticism,and review share?

Accepted Answer

A)  copyright exemption 
B)  fair dealing exemption 
C)  trademark exemption 
D)  confidentiality exemption 
A)  copyright exemption 
B)  fair dealing exemption 
C)  trademark exemption 
D)  confidentiality exemption

Question 5

What is the most important factor contributing to Roger's review of his organization's strategic information,products,databases,and specialized know how?

Accepted Answer

A)  implied obligations 
B)  the determination of economic value 
C)  the security of confidential business information 
D)  express obligations 
A)  implied obligations 
B)  the determination of economic value 
C)  the security of confidential business information 
D)  express obligations

Question 6

Fair dealing is a defence to copyright infringement that permits copying for purposes such as private study,research,criticism,review,and education.

Accepted Answer

A) True 
 B)False

Question 7

An assignment of intellectual property involves the consent given by the owner of rights to someone to do something that only the owner can do.

Accepted Answer

A) True 
 B)False

Question 8

What is the function of a certification mark?

Accepted Answer

A)  It indicates that a product conforms to a particular standard. 
B)  It indicates that a colour's distinguished guise is registered. 
C)  It indicates the source of the goods or services. 
D)  It indicates the name of the source of the product. 
A)  It indicates that a product conforms to a particular standard. 
B)  It indicates that a colour's distinguished guise is registered. 
C)  It indicates the source of the goods or services. 
D)  It indicates the name of the source of the product.

Question 9

Which statement strongly supports incurring the expense of having a patent agent search relevant literature for the purposes of establishing novelty?

Accepted Answer

A)  Ninety percent of all patents are for improvements to existing patented inventions. 
B)  The opinion is required to establish both ingenuity and inventiveness. 
C)  Opinions are crucial to the grace period for filing the patent application. 
D)  The date of earliest use becomes the disclosure date used for establishing novelty. 
A)  Ninety percent of all patents are for improvements to existing patented inventions. 
B)  The opinion is required to establish both ingenuity and inventiveness. 
C)  Opinions are crucial to the grace period for filing the patent application. 
D)  The date of earliest use becomes the disclosure date used for establishing novelty.

Question 10

What characteristic distinguishes intellectual property identified as "confidential business information" from other forms of "confidential information"?

Accepted Answer

A)  information of a commercial nature 
B)  specific statutory provisions 
C)  a narrow range of information 
D)  creative incentives and rewards 
A)  information of a commercial nature 
B)  specific statutory provisions 
C)  a narrow range of information 
D)  creative incentives and rewards

Question 11

The first person who uses or makes a trademark known in Canada is entitled to trademark registration.

Accepted Answer

A) True 
 B)False

Question 12

Briefly discuss how parties may acquire an express obligation to keep information confidential and how that obligation is often expressed in relation to an employee.

Accepted Answer

Parties may acquire an express obligatio

Question 13

Recent changes to Canada's Trade marks Act include removing the requirement of "use" as a qualification for registration.

Accepted Answer

A) True 
 B)False

Question 14

Which statement best explains the connection between trademarks and trade names?

Accepted Answer

A)  The use of both denotes the registration of the distinguishing guise of business products. 
B)  The use of both gives an indication that a product meets a defined standard. 
C)  Adoption of one by a business may prevent registration by competitors of the other. 
D)  Closely related trademarks are trade names that receive protection under trademark law. 
A)  The use of both denotes the registration of the distinguishing guise of business products. 
B)  The use of both gives an indication that a product meets a defined standard. 
C)  Adoption of one by a business may prevent registration by competitors of the other. 
D)  Closely related trademarks are trade names that receive protection under trademark law.

Question 15

Ziggy's ChairsByDesign Inc.protects its rights to the appearance of its articles against copying by registering its industrial designs and marking its products appropriately.

Accepted Answer

A) True 
 B)False

Question 16

Liptopia would like to apply for protection for the distinctively shaped wooden container its product is sold in.What type of intellectual property best describes Liptopia's unique containers?

Accepted Answer

A)  trademark 
B)  copyright 
C)  patent 
D)  confidential information 
A)  trademark 
B)  copyright 
C)  patent 
D)  confidential information

Question 17

Woddington Farms Ltd.has used its name combined with an outline of a rooster on its deli products for the past 20 years but has never registered a trademark.Would Woddington be successful in suing a competitor who attempts to use its name and symbol?

Accepted Answer

A)  no,because its trademark was not registered 
B)  no,because its name and symbol cannot be the subject of a trademark 
C)  yes,because an unregistered trademark receives protection under the common law 
D)  yes,because the name and symbol are confidential information 
A)  no,because its trademark was not registered 
B)  no,because its name and symbol cannot be the subject of a trademark 
C)  yes,because an unregistered trademark receives protection under the common law 
D)  yes,because the name and symbol are confidential information

Question 18

Alina is a surgeon and invented a new method for suturing incisions.Why is Alina's invention incapable of being patented?

Accepted Answer

A)  Permitting the patenting of surgical methods would be contrary to public policy. 
B)  Her idea does not involve an inventive step. 
C)  Her method is based on a scientific principle. 
D)  Her method is merely a new process. 
A)  Permitting the patenting of surgical methods would be contrary to public policy. 
B)  Her idea does not involve an inventive step. 
C)  Her method is based on a scientific principle. 
D)  Her method is merely a new process.

Question 19

What is the commonality shared among the emblems of the Royal Canadian Mounted Police,provincial flags,and anything suggesting a connection with a recently deceased individual?

Accepted Answer

A)  prohibition of use in official trademarks 
B)  prohibited scandalous use of a trade name 
C)  public confusion relating to a trade name 
D)  public authority to use official marks 
A)  prohibition of use in official trademarks 
B)  prohibited scandalous use of a trade name 
C)  public confusion relating to a trade name 
D)  public authority to use official marks

Question 20

What would an author most likely indicate as the purpose of copyrighting and producing creative works?

Accepted Answer

A)  assuring fair dealing 
B)  protecting one's honour and reputation 
C)  maintaining confidentiality 
D)  making a profit through sales 
A)  assuring fair dealing 
B)  protecting one's honour and reputation 
C)  maintaining confidentiality 
D)  making a profit through sales

Exam 18: Intellectual Property

Briefly describe the requirement of fixation as well as its purpose as it relates to copyright law.

Tyrone's business has been able to successfully redirect a competitor's traffic to his website.Which statement most strongly supports the competitor's attempt to recover its customer traffic flow?

Discuss the rights attributable to a registered industrial design.

What valid commonality do the elements of private study,research,criticism,and review share?

What is the most important factor contributing to Roger's review of his organization's strategic information,products,databases,and specialized know how?

Fair dealing is a defence to copyright infringement that permits copying for purposes such as private study,research,criticism,review,and education.

An assignment of intellectual property involves the consent given by the owner of rights to someone to do something that only the owner can do.

What is the function of a certification mark?

Which statement strongly supports incurring the expense of having a patent agent search relevant literature for the purposes of establishing novelty?

What characteristic distinguishes intellectual property identified as "confidential business information" from other forms of "confidential information"?

The first person who uses or makes a trademark known in Canada is entitled to trademark registration.

Briefly discuss how parties may acquire an express obligation to keep information confidential and how that obligation is often expressed in relation to an employee.

Recent changes to Canada's Trade marks Act include removing the requirement of "use" as a qualification for registration.

Which statement best explains the connection between trademarks and trade names?

Ziggy's ChairsByDesign Inc.protects its rights to the appearance of its articles against copying by registering its industrial designs and marking its products appropriately.

Liptopia would like to apply for protection for the distinctively shaped wooden container its product is sold in.What type of intellectual property best describes Liptopia's unique containers?

Woddington Farms Ltd.has used its name combined with an outline of a rooster on its deli products for the past 20 years but has never registered a trademark.Would Woddington be successful in suing a competitor who attempts to use its name and symbol?

Alina is a surgeon and invented a new method for suturing incisions.Why is Alina's invention incapable of being patented?

What is the commonality shared among the emblems of the Royal Canadian Mounted Police,provincial flags,and anything suggesting a connection with a recently deceased individual?

What would an author most likely indicate as the purpose of copyrighting and producing creative works?

Knowledge of Law As a Business Asset

The Canadian Legal System

Managing Legal Risks

Dispute Resolution

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non-Enforcement of Contracts

Termination and Enforcement of Contracts

Introduction to Tort Law

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Introduction to Property Law

Real Property

The Employment Relationship

Terminating the Employment Relationship

Professional Services

The Sale of Goods

Consumer Protection and Competition Law

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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