Question 1

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Accepted Answer

When one business persuades an

Question 2

Which of the following is correct with respect to trade secrets?

Accepted Answer

A)  There is no duty not to disclose trade secrets, unless specified in contract. 
B)  Trade secrets include such things as formulas, patterns, recipes. 
C)  The information must be fully disclosed under the provincial Trade Secrets Act. 
D)  The employee need not be informed that the information is confidential. 
E)  Personal information cannot be a trade secret, even if it affects the business. 
A)  There is no duty not to disclose trade secrets, unless specified in contract. 
B)  Trade secrets include such things as formulas, patterns, recipes. 
C)  The information must be fully disclosed under the provincial Trade Secrets Act. 
D)  The employee need not be informed that the information is confidential. 
E)  Personal information cannot be a trade secret, even if it affects the business.

Question 3

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.

Accepted Answer

A)  When the defendant first infringes the copyright. 
B)  When the defendant can't pay the $10,000 awarded by the court for copyright infringement. 
C)  When the defendant refuses to stop infringing the plaintiff's copyright even after the court ordered an injunction. 
D)  When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. 
E)  When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work. 
A)  When the defendant first infringes the copyright. 
B)  When the defendant can't pay the $10,000 awarded by the court for copyright infringement. 
C)  When the defendant refuses to stop infringing the plaintiff's copyright even after the court ordered an injunction. 
D)  When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. 
E)  When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work.

Question 4

Explain what rights a copyright holder has in relationship to the work.

Accepted Answer

The copyright holder has the r

Question 5

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Accepted Answer

A)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit. 
B)  A duty is only owed when the information is copyrighted or patented. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. 
D)  There is an obligation of duty, only if stems from contract law. 
E)  The duty is owed only between partners within a partnership. 
A)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit. 
B)  A duty is only owed when the information is copyrighted or patented. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. 
D)  There is an obligation of duty, only if stems from contract law. 
E)  The duty is owed only between partners within a partnership.

Question 7

Under the Copyright Act, what does the remedy of statutory damages entail?

Accepted Answer

It is a remedy enabl

Question 8

Which of the following is true with regard to obtaining a patent?

Accepted Answer

A)  The inventor's expression of the idea is automatically protected under the provincial Patent Act. 
B)  The Patent Act allows a patent to someone for an existing process or machine that is in use but has not been patented. 
C)  To obtain a patent, besides satisfying the provisions of the Patent Act, the inventor must show that the invention was not known or used by any other person before he or she invented it. 
D)  The inventor does not have to send specifications or a model when he sends his application. 
E)  If a patent application is denied, the inventor can apply for trademark protection instead. 
A)  The inventor's expression of the idea is automatically protected under the provincial Patent Act. 
B)  The Patent Act allows a patent to someone for an existing process or machine that is in use but has not been patented. 
C)  To obtain a patent, besides satisfying the provisions of the Patent Act, the inventor must show that the invention was not known or used by any other person before he or she invented it. 
D)  The inventor does not have to send specifications or a model when he sends his application. 
E)  If a patent application is denied, the inventor can apply for trademark protection instead.

Question 9

Ownership of a copyright can be sold.

Accepted Answer

A) True 
 B)False

Question 10

When the author assigns his copyright to a purchaser, what rights does he still have in relation to the work?

Accepted Answer

He has moral rights in relatio

Question 11

What is an interlocutory injunction?

Accepted Answer

This is an interim injunction

Question 12

After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments?

Accepted Answer

A)  It became illegal to circumvent access control locks for copyrighted digital materials. 
B)  The YouTube exception was added. 
C)  All copyright requires registration to be protected domestically. 
D)  Education, satire, and parody were added to the allowable fair dealing uses. 
E)  The recording of television shows for later viewing was allowed. 
A)  It became illegal to circumvent access control locks for copyrighted digital materials. 
B)  The YouTube exception was added. 
C)  All copyright requires registration to be protected domestically. 
D)  Education, satire, and parody were added to the allowable fair dealing uses. 
E)  The recording of television shows for later viewing was allowed.

Question 13

Computer students who watched their teachers go out on strike were amazed when they heard about the difficult logistics required in such an operation. Two students spent two nights and two days developing an app for organizing a strike and picket line. It included such variables as legal requirements, number of sites, number of picketers, communications network, shifts, media contacts, etc. The students called their app "Picket Progress." The students took their package - code and manual - to a computer developer/publisher, Mr. Lacs, to discuss the feasibility of marketing the app. Lacs said it was feasible. However, negotiations, which had lasted over a two week period, broke down when Lacs rejected the students' terms in their licensing agreement. Three months later, the students learned that Lacs developed and published an app called "Picketers' Path" based on their ideas, with a manual that they recognized as theirs. On these facts, which of the following is true?

Accepted Answer

A)  With regard to the app, Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law. 
B)  Because there was no non-disclosure agreement signed by Lacs, he cannot be sued for misuse of a trade secret. 
C)  The students' manual was not protected by copyright, because they had not yet applied for protection under the Copyright Act. 
D)  The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information. 
E)  The students cannot protect the app under the law of trade secrets because all the information it contained could be obtained by others, e.g., the law from the library, the necessities of picketers from observation or unions, etc. 
A)  With regard to the app, Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law. 
B)  Because there was no non-disclosure agreement signed by Lacs, he cannot be sued for misuse of a trade secret. 
C)  The students' manual was not protected by copyright, because they had not yet applied for protection under the Copyright Act. 
D)  The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information. 
E)  The students cannot protect the app under the law of trade secrets because all the information it contained could be obtained by others, e.g., the law from the library, the necessities of picketers from observation or unions, etc.

Question 14

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

Accepted Answer

A)  Yung cannot get a patent for his improvement because it is not entirely new or novel. 
B)  Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. 
C)  Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. 
D)  The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. 
E)  Both Yung's improvement and the original machine lose their patent protection. 
A)  Yung cannot get a patent for his improvement because it is not entirely new or novel. 
B)  Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. 
C)  Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. 
D)  The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. 
E)  Both Yung's improvement and the original machine lose their patent protection.

Question 15

What qualifications must be met in order for something to be patentable?

Accepted Answer

It must be new, not

Question 16

Chad was the best private detective in the west. His system for tracking persons who have caused themselves to disappear was markedly superior to that of others. Sally, his only assistant, was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses. Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals. Sally and Chad took care that the discussions were understood to be confidential - regarding both the information from the RCMP and from Chad about his methods. Sally was approached by a competitor of Chad, Mr. Adolph, who offered her three times her salary if she would break her contract with Chad, sign with him, and bring him information about Chad's tracking system. After some months, she did just that. Furthermore, she told Adolph the details of the information given to Chad by the RCMP, which caused the RCMP embarrassment, time, and money. Which of the following is true?

Accepted Answer

A)  Sally owes no fiduciary duty to Chad even though she had a trusted position as an employee. 
B)  Chad could sue Sally for breach of her employment contract, not only on the clause relating to the term of her employment, but also on the non-disclosure clause. 
C)  Chad could sue Adolph for the tort of passing-off. 
D)  The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition. 
E)  Chad could sue Sally for disclosing the information only if he had signed a non-disclosure clause. 
A)  Sally owes no fiduciary duty to Chad even though she had a trusted position as an employee. 
B)  Chad could sue Sally for breach of her employment contract, not only on the clause relating to the term of her employment, but also on the non-disclosure clause. 
C)  Chad could sue Adolph for the tort of passing-off. 
D)  The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition. 
E)  Chad could sue Sally for disclosing the information only if he had signed a non-disclosure clause.

Question 17

Identify and discuss the ways in which a business can reduce their risk in relation to intellectual property.

Accepted Answer

This is a general discussion question. S

Question 18

Distinguish between what is protected under patent law compared to copyright law.

Accepted Answer

Copyright protects the specifi

Question 19

Alternative dispute resolution has been effective in settling certain types of Internet disputes.

Accepted Answer

A) True 
 B)False

Question 20

Indicate four remedies that may be available to the victim of the breach of copyright.

Accepted Answer

Remedies include an Anton Pill

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Which of the following is correct with respect to trade secrets?

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.

Explain what rights a copyright holder has in relationship to the work.

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Under the Copyright Act, what does the remedy of statutory damages entail?

Which of the following is true with regard to obtaining a patent?

Ownership of a copyright can be sold.

When the author assigns his copyright to a purchaser, what rights does he still have in relation to the work?

What is an interlocutory injunction?

After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments?

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

What qualifications must be met in order for something to be patentable?

Identify and discuss the ways in which a business can reduce their risk in relation to intellectual property.

Distinguish between what is protected under patent law compared to copyright law.

Alternative dispute resolution has been effective in settling certain types of Internet disputes.

Indicate four remedies that may be available to the victim of the breach of copyright.

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

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Which of the following is correct with respect to trade secrets?

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.

Explain what rights a copyright holder has in relationship to the work.

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Under the Copyright Act, what does the remedy of statutory damages entail?

Which of the following is true with regard to obtaining a patent?

Ownership of a copyright can be sold.

When the author assigns his copyright to a purchaser, what rights does he still have in relation to the work?

What is an interlocutory injunction?

After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments?

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

What qualifications must be met in order for something to be patentable?

Identify and discuss the ways in which a business can reduce their risk in relation to intellectual property.

Distinguish between what is protected under patent law compared to copyright law.

Alternative dispute resolution has been effective in settling certain types of Internet disputes.

Indicate four remedies that may be available to the victim of the breach of copyright.

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