Question 1

What is meant by a permanent injunction?

Accepted Answer

A permanent injunction is a continuing court order prohibiting offending conduct.

Question 2

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Accepted Answer

There is no Trade Secrets Act in Canada.

Question 3

Lodown Ltd., a company created by Mr. Day, became very successful over its ten-year history. The company was run by Day, as president, and three vice-presidents (Martin, Mull, and Rand) who made up the executive board. At their last meeting, Mr. Day announced that he had confidential information to share with them, namely, that his wife was terminally ill, that he was withdrawing from active management for an indefinite period of time, and that he would transfer his responsibilities to Martin. Rand repeated this information to others, and by doing, so he caused the company to lose a lucrative contract being negotiated. On these facts, which of the following is true?

Accepted Answer

A)  Rand owes no fiduciary duty to the company as an officer of the company. 
B)  A non-disclosure provision is required, Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action. 
C)  In law, there can be an no action against Rand because the information he repeated was not a trade secret. 
D)  The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company. 
E)  Rand cannot be sued since the information disclosed was personal and did not deal directly with the business. 
A)  Rand owes no fiduciary duty to the company as an officer of the company. 
B)  A non-disclosure provision is required, Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action. 
C)  In law, there can be an no action against Rand because the information he repeated was not a trade secret. 
D)  The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company. 
E)  Rand cannot be sued since the information disclosed was personal and did not deal directly with the business. D

Question 4

What rights are conveyed by the granting of a patent?

Accepted Answer

The patent holder ha

Question 5

Explain what is meant by moral rights under copyright law.

Accepted Answer

If the author of the work assigns that c

Question 6

Indicate the kinds of things that are covered by trademark legislation.

Accepted Answer

Terms, symbols, design, or a c

Question 7

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

Accepted Answer

A)  statutory damages. 
B)  punitive damages. 
C)  an accounting. 
D)  compensatory damages. 
E)  an injunction. 
A)  statutory damages. 
B)  punitive damages. 
C)  an accounting. 
D)  compensatory damages. 
E)  an injunction.

Question 8

It is possible for a trademark name to lose its status through common use.

Accepted Answer

A) True 
 B)False

Question 9

Explain the concept of "delivery up."

Accepted Answer

This is an order directing the

Question 10

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

Accepted Answer

A)  Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. 
B)  Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. 
C)  A professor automatically owns copyright in works created by a student for his or her class. 
D)  While a student owns the copyright in works he or she has created, a professor has moral rights in such works. 
E)  While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works. 
A)  Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. 
B)  Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. 
C)  A professor automatically owns copyright in works created by a student for his or her class. 
D)  While a student owns the copyright in works he or she has created, a professor has moral rights in such works. 
E)  While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works.

Question 11

Explain the nature of "fair dealing."

Accepted Answer

This refers to the use of copy

Question 12

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could get a court order to allow him to search and seize the evidence. Which of the following is such an order?

Accepted Answer

A)  Interlocutory injunction 
B)  Execution order 
C)  Anton Piller order 
D)  Order for an accounting 
E)  Order for specific performance 
A)  Interlocutory injunction 
B)  Execution order 
C)  Anton Piller order 
D)  Order for an accounting 
E)  Order for specific performance

Question 13

Distinguish between copyright and patent.

Accepted Answer

Copyright law prevents completed works l

Question 14

Give three examples of matters covered by copyright legislation.

Accepted Answer

Literary works such as books, computer p

Question 15

What period of protection is granted under industrial design legislation?

Accepted Answer

The answer of What period of protection is granted under...

Question 16

As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs, Joe photocopied a short essay on the topic to study at home. The essay proved to be an excellent argument for his side-namely, that such a crime should be created. Although some of the other articles advanced different arguments he could use, Joe was short of time and just turned in the essay as his own and later used its ideas in the debate. Which of the following is true?

Accepted Answer

A)  The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
B)  Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. 
C)  There would be an infringement of copyright when Joe used the essay as his own work. 
D)  Joe cannot use the essay in any way without infringing copyright. 
E)  There can be no infringement of copyright by a student. 
A)  The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
B)  Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. 
C)  There would be an infringement of copyright when Joe used the essay as his own work. 
D)  Joe cannot use the essay in any way without infringing copyright. 
E)  There can be no infringement of copyright by a student.

Question 17

Which of the following is true with regard to copyright law in Canada?

Accepted Answer

A)  A Canadian author must register upon the creation of her book in order to acquire copyright protection. 
B)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
C)  Generally, the term of copyright is fifty years. 
D)  Registration of copyright is restricted to published works. 
E)  Everyone can receive copyright protection in Canada for his or her work created elsewhere. 
A)  A Canadian author must register upon the creation of her book in order to acquire copyright protection. 
B)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
C)  Generally, the term of copyright is fifty years. 
D)  Registration of copyright is restricted to published works. 
E)  Everyone can receive copyright protection in Canada for his or her work created elsewhere.

Question 18

Explain how a patent is obtained.

Accepted Answer

A patent must be app

Question 19

Discuss the idea of the duty of confidentiality that an employee owes to their employer. Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

Accepted Answer

There are many situations where the disc

Question 20

A person can obtain copyright protection only when the idea upon which the work is based is original.

Accepted Answer

A) True 
 B)False

What is meant by a permanent injunction?

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

What rights are conveyed by the granting of a patent?

Explain what is meant by moral rights under copyright law.

Indicate the kinds of things that are covered by trademark legislation.

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

It is possible for a trademark name to lose its status through common use.

Explain the concept of "delivery up."

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

Explain the nature of "fair dealing."

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could get a court order to allow him to search and seize the evidence. Which of the following is such an order?

Distinguish between copyright and patent.

Give three examples of matters covered by copyright legislation.

What period of protection is granted under industrial design legislation?

Which of the following is true with regard to copyright law in Canada?

Explain how a patent is obtained.

Discuss the idea of the duty of confidentiality that an employee owes to their employer. Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

A person can obtain copyright protection only when the idea upon which the work is based is original.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 13: Intellectual Property

What is meant by a permanent injunction?

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

What rights are conveyed by the granting of a patent?

Explain what is meant by moral rights under copyright law.

Indicate the kinds of things that are covered by trademark legislation.

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

It is possible for a trademark name to lose its status through common use.

Explain the concept of "delivery up."

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

Explain the nature of "fair dealing."

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could get a court order to allow him to search and seize the evidence. Which of the following is such an order?

Distinguish between copyright and patent.

Give three examples of matters covered by copyright legislation.

What period of protection is granted under industrial design legislation?

Which of the following is true with regard to copyright law in Canada?

Explain how a patent is obtained.

Discuss the idea of the duty of confidentiality that an employee owes to their employer. Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

A person can obtain copyright protection only when the idea upon which the work is based is original.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters