Question 1

Which of the following can be the subject of copyright protection?

Accepted Answer

A) A song 
B) A piece of software 
C) A new type of computer 
D) Both A and B 
E) All of the above 
A) A song 
B) A piece of software 
C) A new type of computer 
D) Both A and B 
E) All of the above D

Question 2

Imagecon Corp. has developed new software to transfer photographic images to e-mail. It wants to put its software in a uniquely shaped box with five sides that open much easier than the common software box. It has also designed a stylized script for the front cover of the box. Which of the following can be registered as an industrial design?

Accepted Answer

A) The box 
B) The script 
C) Both A and B 
D) Neither A nor B 
E) Friday 
A) The box 
B) The script 
C) Both A and B 
D) Neither A nor B 
E) Friday A

Question 3

Which of the following statements is true?

Accepted Answer

A) A computer chip cannot be easily duplicated, so practically protection is not required. 
B) The Integrated Circuit Topography Act gives the inventor of a computer chip a monopoly on the idea underlying its design. 
C) The Integrated Circuit Topography Act gives the inventor of a computer chip a limited monopoly to reproduce and commercially exploit it. 
D) It is not an infringement of the Integrated Circuit Topography Act to independently develop a computer chip by using a similar process to one used in a registered topography. 
E) Both C and D 
A) A computer chip cannot be easily duplicated, so practically protection is not required. 
B) The Integrated Circuit Topography Act gives the inventor of a computer chip a monopoly on the idea underlying its design. 
C) The Integrated Circuit Topography Act gives the inventor of a computer chip a limited monopoly to reproduce and commercially exploit it. 
D) It is not an infringement of the Integrated Circuit Topography Act to independently develop a computer chip by using a similar process to one used in a registered topography. 
E) Both C and D E

Question 4

Winston purchased a word processing software package for his business. Which of the following statements is true?

Accepted Answer

A) As owner of the software, Winston has the right to make as many copies as he wishes without worrying about copyright infringement. 
B) Winston has purchased a licence to use the software and may copy it onto his hard drive and make a reasonable number of back-up copies. 
C) Winston has purchased a licence of the software and may copy it onto his hard dive, making a reasonable number of back-up copies provided they are for his own use and the copying has been authorized by the author of the program. 
D) Winston has the right to copy the software onto his hard dive but not to make any back-up copies as the original software package purchased acts as a back-up copy. 
E) Winston has the right to make six back-up copies. 
A) As owner of the software, Winston has the right to make as many copies as he wishes without worrying about copyright infringement. 
B) Winston has purchased a licence to use the software and may copy it onto his hard drive and make a reasonable number of back-up copies. 
C) Winston has purchased a licence of the software and may copy it onto his hard dive, making a reasonable number of back-up copies provided they are for his own use and the copying has been authorized by the author of the program. 
D) Winston has the right to copy the software onto his hard dive but not to make any back-up copies as the original software package purchased acts as a back-up copy. 
E) Winston has the right to make six back-up copies.

Question 5

Which of the following is, or is capable of being, a trade mark in Canada?

Accepted Answer

A) "Canadian Standard Association" 
B) The design of a wine bottle 
C) A proposed trade mark 
D) Both B and C 
E) All of the above 
A) "Canadian Standard Association" 
B) The design of a wine bottle 
C) A proposed trade mark 
D) Both B and C 
E) All of the above

Question 6

Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. She also developed software, which was an integrated part of the processor, to make easy operation of this processor by graphics. She wants to apply for a patent for the processor and software. Which of the following is true?

Accepted Answer

A) Only the film processor can be the subject of a patent in Canada. 
B) Only the software can be the subject of a patent in Canada. 
C) Both can be the subject of a patent in Canada. 
D) Neither can be patented. 
E) Together, the processor and program can be registered under the Integrated Circuit Topography Act. 
A) Only the film processor can be the subject of a patent in Canada. 
B) Only the software can be the subject of a patent in Canada. 
C) Both can be the subject of a patent in Canada. 
D) Neither can be patented. 
E) Together, the processor and program can be registered under the Integrated Circuit Topography Act.

Question 7

What is the length of copyright protection in Canada for a photograph?

Accepted Answer

A) 50 years from the photographer's death 
B) 50 years from the date of first publication 
C) 50 years from the date of original negative is made 
D) 50 years from the date the photograph is first printed 
E) 50 years from the owner's death 
A) 50 years from the photographer's death 
B) 50 years from the date of first publication 
C) 50 years from the date of original negative is made 
D) 50 years from the date the photograph is first printed 
E) 50 years from the owner's death

Question 8

Which of the following statements concerning remedies for copyright infringement is not true?

Accepted Answer

A) The court can order the infringer to pay a certain sum representing financial loss to the copyright owner. 
B) The court can grant an injunction requiring the infringer to destroy all illegal copies of the infringed work. 
C) Criminal penalties under the Copyright Act are available only as an alternative to an action for damages. 
D) The court can order the infringer to pay any profits made by the illegal use of the copyright to the owner. 
E) The court can order the infringer to pay punitive damages to the copyright owner. 
A) The court can order the infringer to pay a certain sum representing financial loss to the copyright owner. 
B) The court can grant an injunction requiring the infringer to destroy all illegal copies of the infringed work. 
C) Criminal penalties under the Copyright Act are available only as an alternative to an action for damages. 
D) The court can order the infringer to pay any profits made by the illegal use of the copyright to the owner. 
E) The court can order the infringer to pay punitive damages to the copyright owner.

Question 9

The organization which deals with disputes over assignment of World Wide Web addresses is:

Accepted Answer

A) SOCAN 
B) The UCC 
C) The CCLA 
D) ICANN 
E) The International Registrar of Trade-marks. 
A) SOCAN 
B) The UCC 
C) The CCLA 
D) ICANN 
E) The International Registrar of Trade-marks.

Question 10

Vijay Menon is a chemical engineer working for Mega Labs Ltd., an international pharmaceutical company, developing a machine designed to analyze chemicals in the blood. The aim of the project is a machine which can analyze up to three chemicals simultaneously. Working on his own time in his laboratory at home, Vijay was able to develop a machine which can analyze six chemicals simultaneously. He applies for patent. Which of the following is true?

Accepted Answer

A) There is no reason why Vijay should not be issued a patent 
B) This invention is not patentable because it is a device used for a medical purpose. 
C) Vijay cannot apply for a patent without a patent agent 
D) If the patent is issued, it will belong to Mega Labs. 
E) Vijay should be seeking copyright, not patent protection 
A) There is no reason why Vijay should not be issued a patent 
B) This invention is not patentable because it is a device used for a medical purpose. 
C) Vijay cannot apply for a patent without a patent agent 
D) If the patent is issued, it will belong to Mega Labs. 
E) Vijay should be seeking copyright, not patent protection

Question 11

Which of the following is not, or is not capable of being, a trade mark in Canada?

Accepted Answer

A) "Harvey's makes a hamburger a beautiful thing" 
B) A picture of Pierre Trudeau 
C) Eatons 
D) Both B and C 
E) All of the above 
A) "Harvey's makes a hamburger a beautiful thing" 
B) A picture of Pierre Trudeau 
C) Eatons 
D) Both B and C 
E) All of the above

Question 12

Roe-Pharma, a Canadian drug company, obtained a licence from Mega-mega-Pharma, a Swiss drug company, to sell Heptamyoextropalol in Canada. Reo-Pharma sells this patented medicine for $15 per pill. Generic Drugs Inc., another Canadian company, says that it can sell this drug for $2.50 per pill. Which of the following is true?

Accepted Answer

A) GDI can apply for a compulsory licence but it will not be granted because Reo-Pharma is using the patent. 
B) GDI cannot apply for a compulsory licence pursuant to the Patent Law Amendment Act, 1992. 
C) GDI will likely be granted a compulsory licence under the Patent Act because the price at which this drug is currently being sold is so high. 
D) The Patented Medicine Price Review Board may reduce the price of Heptamyoextropalol if it feels it is excessive. 
E) Both B and D 
A) GDI can apply for a compulsory licence but it will not be granted because Reo-Pharma is using the patent. 
B) GDI cannot apply for a compulsory licence pursuant to the Patent Law Amendment Act, 1992. 
C) GDI will likely be granted a compulsory licence under the Patent Act because the price at which this drug is currently being sold is so high. 
D) The Patented Medicine Price Review Board may reduce the price of Heptamyoextropalol if it feels it is excessive. 
E) Both B and D

Question 13

Samita ALuwalia views an advance copy of a new applications program which has been copyrighted by Air Above Corp. She takes the idea and produces her own version, which she sells to members of her computer club. What criminal offence has Samita committed?

Accepted Answer

A) Theft 
B) Fraud 
C) Unauthorized use of a computer 
D) Mischief in relation to data 
E) No offence 
A) Theft 
B) Fraud 
C) Unauthorized use of a computer 
D) Mischief in relation to data 
E) No offence

Question 14

In April, 1996, Hans Hoff invented an invisible Teflon coating for silk that could be used in men's ties so stains would wipe off easily. In May, 1996, Geraint Wynn-Ffolkes independently invented the same coating, and was granted a patent for it. Hans wants to attack the patent. Which of the following is true?

Accepted Answer

A) There are no grounds to attack a patent. Once it is granted that is final. 
B) A patent can be impeached but Hans will not be successful because Geraint registered first. 
C) A patent can be impeached and Hans will be successful because he invented the coating first. 
D) A patent can be impeached and Hans will be successful because the matter was not the proper subject matter for a patent. 
E) It is too late to impeach the patent. Hans should have opposed Geraint's application. 
A) There are no grounds to attack a patent. Once it is granted that is final. 
B) A patent can be impeached but Hans will not be successful because Geraint registered first. 
C) A patent can be impeached and Hans will be successful because he invented the coating first. 
D) A patent can be impeached and Hans will be successful because the matter was not the proper subject matter for a patent. 
E) It is too late to impeach the patent. Hans should have opposed Geraint's application.

Question 15

Trade mark protection is most similar to which of the following torts?

Accepted Answer

A) Malicious prosecution 
B) Injurious falsehood 
C) Defamation of product 
D) Passing off 
E) Conversion 
A) Malicious prosecution 
B) Injurious falsehood 
C) Defamation of product 
D) Passing off 
E) Conversion

Question 16

Which of the following qualities does an invention not need to have in order to be patented?

Accepted Answer

A) Ingenuity 
B) Utility 
C) Novelty 
D) Complexity 
E) It requires all of the above 
A) Ingenuity 
B) Utility 
C) Novelty 
D) Complexity 
E) It requires all of the above

Question 17

Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. The processor is based on a computer chip which Kelli designed herself. She invented the chip at night on her own time while employed in research and development at Innovative Computer solutions Inc. There is no written employment agreement concerning the ownership of inventions. Who has the right to apply for the appropriate protection?

Accepted Answer

A) Kelli, as she is the inventor. 
B) Innovative Computer Solutions, as Kelli was its employee at the time of the invention. 
C) Kelli, because she invented the chip on her own time and not on the employer's time. 
D) Both must apply for the appropriate protection and share the rights equally. 
E) There is no protection in Canada for this kind of invention. 
A) Kelli, as she is the inventor. 
B) Innovative Computer Solutions, as Kelli was its employee at the time of the invention. 
C) Kelli, because she invented the chip on her own time and not on the employer's time. 
D) Both must apply for the appropriate protection and share the rights equally. 
E) There is no protection in Canada for this kind of invention.

Question 18

Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. Which of the following is true? (Assume for the purpose of the question that there are famous Canadian movie stars).

Accepted Answer

A) Richard has the right to publish the photo since it was a result of his creative talent. 
B) Magic Photo owns the rights to the photo because Richard was employed by it at the time. 
C) Sharon has the right to the photo because she paid for it. 
D) Richard and Magic Photo have equal rights to the photo. 
E) The photo is in the public domain - i.e., no one owns the rights to it. 
A) Richard has the right to publish the photo since it was a result of his creative talent. 
B) Magic Photo owns the rights to the photo because Richard was employed by it at the time. 
C) Sharon has the right to the photo because she paid for it. 
D) Richard and Magic Photo have equal rights to the photo. 
E) The photo is in the public domain - i.e., no one owns the rights to it.

Question 19

Jann Letran, a Canadian author, wrote a book called The Death of Pie in 2002. It is about an alligator, a giraffe, and an Iroquois baked together in a pie. Hector Lobos - Villa, a Brazilian author, wrote a book in 1979 about a mongoose, an elephant, and an Amazonian aboriginal baked together in a pie. Letram admits that he was influenced by Lobos-Villa's book. Otherwise, the two books are very different - for one thing, they're written in different languages. Assume that Brazil is not a signatory of the Beme Convention but is a party to the copyright symbol followed only by the author's name. Has Latram infringed Lobos-Villa's copyright?

Accepted Answer

A) No. Lobos-Villa's registration was ineffective because it left out the date. 
B) Yes. It is not necessary to include a copyright notice in Canada. 
C) Yes. Lobos-Villa came up with this idea first 
D) No. Lobos-Villa's plot idea is not protected by copyright. 
E) No. Letram's book is sufficiently different from Lobos-Villa's 
A) No. Lobos-Villa's registration was ineffective because it left out the date. 
B) Yes. It is not necessary to include a copyright notice in Canada. 
C) Yes. Lobos-Villa came up with this idea first 
D) No. Lobos-Villa's plot idea is not protected by copyright. 
E) No. Letram's book is sufficiently different from Lobos-Villa's

Question 20

Which of the following is a breach of the copyright?

Accepted Answer

A) An English teacher makes 40 copies of a poem from a book to hand out to his class for discussion. 
B) A history teacher shows her class of 100 students a video of Saving Private Ryan. 
C) A historian makes notes of a book in the library amounting to copying nearly 80% of the book contents. 
D) A history teacher shows her class of 100 students a video of Saving Private Ryan. Twenty teachers also attend and pay the history teacher five dollars each. 
E) Both C and D 
A) An English teacher makes 40 copies of a poem from a book to hand out to his class for discussion. 
B) A history teacher shows her class of 100 students a video of Saving Private Ryan. 
C) A historian makes notes of a book in the library amounting to copying nearly 80% of the book contents. 
D) A history teacher shows her class of 100 students a video of Saving Private Ryan. Twenty teachers also attend and pay the history teacher five dollars each. 
E) Both C and D

Which of the following can be the subject of copyright protection?

Which of the following statements is true?

Winston purchased a word processing software package for his business. Which of the following statements is true?

Which of the following is, or is capable of being, a trade mark in Canada?

What is the length of copyright protection in Canada for a photograph?

Which of the following statements concerning remedies for copyright infringement is not true?

The organization which deals with disputes over assignment of World Wide Web addresses is:

Which of the following is not, or is not capable of being, a trade mark in Canada?

Samita ALuwalia views an advance copy of a new applications program which has been copyrighted by Air Above Corp. She takes the idea and produces her own version, which she sells to members of her computer club. What criminal offence has Samita committed?

Trade mark protection is most similar to which of the following torts?

Which of the following qualities does an invention not need to have in order to be patented?

Which of the following is a breach of the copyright?

Fundamental Rights

The Canadian Court System

Intentional Torts

Negligence

Making Enforceable Business Agreements

Important Terms and Contract Interpretation

Contract Defects and Breach of Contract

Special Business Contracts and Consumer Protection

The Organization of a Business

Corporate Law and White-Collar Crime

Banking Disagreements and Secured Transactions

Bankruptcy

Employment Law

Real Estate and Insurance Law

Filters

Exam 14: Intellectual Property and Computer Law

Which of the following can be the subject of copyright protection?

Which of the following statements is true?

Winston purchased a word processing software package for his business. Which of the following statements is true?

Which of the following is, or is capable of being, a trade mark in Canada?

What is the length of copyright protection in Canada for a photograph?

Which of the following statements concerning remedies for copyright infringement is not true?

The organization which deals with disputes over assignment of World Wide Web addresses is:

Which of the following is not, or is not capable of being, a trade mark in Canada?

Samita ALuwalia views an advance copy of a new applications program which has been copyrighted by Air Above Corp. She takes the idea and produces her own version, which she sells to members of her computer club. What criminal offence has Samita committed?

Trade mark protection is most similar to which of the following torts?

Which of the following qualities does an invention not need to have in order to be patented?

Which of the following is a breach of the copyright?

Fundamental Rights

The Canadian Court System

Intentional Torts

Negligence

Making Enforceable Business Agreements

Important Terms and Contract Interpretation

Contract Defects and Breach of Contract

Special Business Contracts and Consumer Protection

The Organization of a Business

Corporate Law and White-Collar Crime

Banking Disagreements and Secured Transactions

Bankruptcy

Employment Law

Real Estate and Insurance Law

Filters