Exam 13: Intellectual Property

In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

"If a Trademark confuses the public it may be an infringement." Discuss what factors the court considers when determining if an infringement has occurred.

Moral rights means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken droppings and old leaves. This fuel also causes no wear on the engine of the car. Homer built a prototype in a workshop in his backyard. Before he seeks publicity, he would like to protect his invention and any business that emerges from the development and sale of his engines. In this regard, which of the following is false?

A person can only bring a passing-off action where there is no registered trademark involved.

The mere possibility of confusion is sufficient to block a trademark application.

The effect of an Anton Piller order is to

In Canada, the Federal Court of Appeal recently allowed for a patent of methods of carrying on business, but business method patents have been available in the United States for some time.

Trademarks are to prevent the deception of people who think they are dealing with the company usually associated with the symbol.

Distinguish between a trademark action and a passing-off action.

Explain how trademark protection is obtained.

Indicate three things that cannot be used as a trademark.

What rights are obtained by the granting of a patent?

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

In Harvard College v. Canada (Commissioner of Patents), Harvard College sought protection for a genetically altered mouse. What was the result given the decision of the Supreme Court of Canada?

What three important remedies does the Copyright Act now provide to copyright owners?

Maureen, who frequently developed gadgets, had an idea for a machine that could feed her animals (cats, dogs, rabbits, and fish) while she was away on vacation for a week. She was very sure of the idea and began discussions with a manufacturer. Unfortunately, after it was concluded that he could make the machine, they could not agree on his proper compensation and they broke off negotiations. Shortly afterwards, this manufacturer, Easylife Ltd., began to manufacturer "the animal feeder" based on her idea. On these facts, which of the following is true?

"In Canada, copyright always resides with the author of the material." Discuss the accuracy of this statement.

Explain what is meant by an ex parte procedure and give an example.

Which of the following is true with regard to trademark?