Exam 14: Intellectual Property and Computer Law

Samma Company hires Ali Akhbar away from the Freedom Company because he is an engineer who knows the details of a design process that Samma has not been able to discover. All gives Samma the details which he smuggled out of Freedom Co. on a disk. Samma uses it to design the product and hurts Freedom's sales. Which of the following is true?

Kermit Wong invents a new type of computer even smaller than a calculator and patents the invention. A large U.S. computer company buys the rights and makes the units at its California plant, whence it ships them across North America. Kermit realizes that he could make them more cheaply, but the computer company refuses to give him a licence to do so in Canada. Which of the following is true?

Jerry Margulis makes knockoffs of Prada handbags. He calls them Preda, and that name appears on the product, but otherwise they look a lot like the original. Whereas Prada might typically sell for $300, a Preda seels for $40. A Preda is definitely of inferior quality compared to a Prada. Jerry sells his handbags to discount houses and other stores that do not carry Prada knock-off that looks like one. Prada learns of this activity, and sues Jerry for trade mark infringement. Which of the following is true?

Which of the following about a patent is true?

Binni has developed a new computer program related to the travel industry that allows client to "pilot" their own aircraft and touchdown in whatever vacation spots they wish to preview before deciding on their actual holiday plans. Binni's intention is to introduce it through her travel agency in Canada and thereafter to license it to various agencies in the United States. Which of the following is true?

Esther was an employee of Serve U Right Inc. which created customized computer programs for clients. Esther was one of only two people in Canada who knew the new language, Jolted Java, just released by Microtext Ltd., which she learned while employed at Serve U Right. Esther approached management requesting an increase in salary to reflect her skills and was told that her acquiring a new language while employed by them was sufficient compensation. Esther indicated that she would look elsewhere and she was reminded that her employment contract contained a confidentiality clause. If Esther were to leave her employment and go to work for the other company, using this language, Serve U Right would:

Jurgen Prothnow works as a technical adviser for High Tech Corp. part of his duties is to train employees. Jurgen has compiled, over the course of many years, an instruction manual. This manual could be used by others in the industry, and Jurgen wants to publish it - and of course derive the profit from its sale. Which of the following is true?

The Charbonneau Company of Restigouche, New Brunswick - created and fun by Luc Charbonneau - manufactures a fine hockey stick called "The Charbonneau". Although it is known to hockey aficionados across North America and even in Europe, at the present time Luc sells it only in New Brunswick and Quebec. Luc's cousin, Emile Charbonneau, opens a plant in Winnipeg and begins marking a virtually identical hockey stick which he plans to sell only in Western Canada. He calls it "The Charbonneau". Luc has never registered his name as a trade mark. Can he now prevent Emile from using the name Charbonneau for his hockey sticks?

Packhorse Corp. has kept a design for a picking machine in strict confidence. Packrat Corp. hired a computer expert to break through Packhorse's access codes via the Internet and download the design secret. Packrat is now selling similar machines at a lower price because it did not have to bear the development costs. What offence has been committed?

Homer Nerdhoff has just invented a new cheese grater. He has been travelling around the country exploring marketing opportunities, and discovers that Martin Fitzhugh has for the past three years been selling the grater which he developed, using the same process, at his fine food store in Halifax. Homer hopes that by patenting his grater, he can stop Martin from selling his. Martin sees the danger, and decides to also apply for a patent. Which of the following is true?

What section of the Criminal Code, R.S.C. 1985, c. C-46 (as am)is aimed at "hackers"?

The test for infringement of a trade mark by the offending mark is:

On February 14,2000, CIrcuitsum Ltd. filed an application under the Integrated Circuits Topography Act, to register its ownership of the topography of the "arathmatik" microchip which it had exhibited and sold at a trade fair on September 20, 1 999. Registration under the Act occurred on June 25, 2000. When does Circuitsum's protection of the topography commence?

Which of the following respecting trade marks in Canada is true?

Which of the following statutes apply to business activities involving information technology? i)the Integrated Circuit Topography Act Ii)the Copyright Act Iii)the Sale of Goods Act Iv)the Negligence Act

Nia Cacoyannis has designed a wallpaper pattern. It has not yet gone into production, although she has shown it to the representatives of three companies which manufacture wallpaper. Which of the following is true?

Protection against unauthorized use of a celebrity's distinctive features is available through which of the following?