Question 1

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

Accepted Answer

A) True 
 B)False

Question 2

Paul and Robert designed a new phone case that they want to introduce to a large market. They decide that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any smartphone. After playing with some symbols, they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known. Which of the following is true?

Accepted Answer

A)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert is exactly like its symbol. 
B)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffers a loss because of this unauthorized use of its symbol. 
C)  It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others. 
D)  If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages. 
E)  Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence. 
A)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert is exactly like its symbol. 
B)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffers a loss because of this unauthorized use of its symbol. 
C)  It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others. 
D)  If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages. 
E)  Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.

Question 3

Which of the following is true with regard to our Canadian Copyright Act?

Accepted Answer

A)  The statute is a provincial statute with each province having its own unique statutes. 
B)  The statute expressly provides that computer programs are not copyrightable. 
C)  The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation, name of creator. 
D)  The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. 
E)  Copyright is protected both by statute and in common law. 
A)  The statute is a provincial statute with each province having its own unique statutes. 
B)  The statute expressly provides that computer programs are not copyrightable. 
C)  The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation, name of creator. 
D)  The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. 
E)  Copyright is protected both by statute and in common law.

Question 4

Which of the following is true with regard to the law of trade secret/breach of confidence?

Accepted Answer

A)  A person could seek protection under the law of trade secret and the law of copyright at the same time. 
B)  The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act. 
C)  The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition. 
D)  An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret. 
E)  An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use. 
A)  A person could seek protection under the law of trade secret and the law of copyright at the same time. 
B)  The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act. 
C)  The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition. 
D)  An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret. 
E)  An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use.

Question 5

What is the period of protection associated with patent law?

Accepted Answer

Twenty years from th

Question 6

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

Accepted Answer

A) True 
 B)False

Question 7

Discuss the various remedies that are available and their effectiveness when intellectual property such as copyright and patent are interfered with.

Accepted Answer

Students should explain the common remed

Question 8

Explain how the remedy of an accounting works when there has been a violation of copyright.

Accepted Answer

The offender is required to re

Question 9

Which of the following is false with regard to trademark?

Accepted Answer

A)  Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
B)  Registration of a trademark grants the owner protection for 15 years with the right to renew. 
C)  If a person registers a trademark but later fails to use it, protection of the mark will not be lost. It is still his and protected for the remainder of the period of protection granted. 
D)  The distinctive design of a product container may be the subject of trademark protection. 
E)  Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark. 
A)  Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
B)  Registration of a trademark grants the owner protection for 15 years with the right to renew. 
C)  If a person registers a trademark but later fails to use it, protection of the mark will not be lost. It is still his and protected for the remainder of the period of protection granted. 
D)  The distinctive design of a product container may be the subject of trademark protection. 
E)  Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark.

Question 10

How long is protection given under the Copyright Act?

Accepted Answer

The Copyright Act of

Question 11

Which of the following is not a remedy for a copyright infringement?

Accepted Answer

A)  Interlocutory injunction 
B)  Anton Piller order 
C)  Permanent injunction 
D)  Certiorari 
E)  Damages 
A)  Interlocutory injunction 
B)  Anton Piller order 
C)  Permanent injunction 
D)  Certiorari 
E)  Damages

Question 12

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.

Accepted Answer

A)  Orbison's legal representative could not sue because Roy Orbison died and thus so did his copyright. 
B)  Orbison's legal representative could not sue if Weird Al's lyrics were different, because the song would take on a whole new meaning. 
C)  If, before his death, Orbison has signed a license agreement with Weird Al allowing him to use the music, there could be no lawsuit against Weird Al no matter how offensive the lyrics turned out to be. 
D)  Weird Al could get protection for his original lyrics even if his lyrics were unpublished. 
E)  Weird Al could get no protection for his original lyrics unless he sent a copy of his lyrics to the Copyright Office along with his application for copyright. 
A)  Orbison's legal representative could not sue because Roy Orbison died and thus so did his copyright. 
B)  Orbison's legal representative could not sue if Weird Al's lyrics were different, because the song would take on a whole new meaning. 
C)  If, before his death, Orbison has signed a license agreement with Weird Al allowing him to use the music, there could be no lawsuit against Weird Al no matter how offensive the lyrics turned out to be. 
D)  Weird Al could get protection for his original lyrics even if his lyrics were unpublished. 
E)  Weird Al could get no protection for his original lyrics unless he sent a copy of his lyrics to the Copyright Office along with his application for copyright.

Question 13

Indicate three things that cannot be patented.

Accepted Answer

Theories, obvious improvements

Question 14

Which of the following is true with regard to the law governing patents?

Accepted Answer

A)  A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. 
B)  Computer programs, as a general rule, can be patented as well as copyrighted, because they are a set of instructions to a computer. 
C)  If a patent is developed by an employee, the employee has the right to obtain the patent. 
D)  In exchange for the monopoly given under the Patent Act, the owner of the patent must disclose the invention in its entirety. 
E)  An amendment to the Patent Act allows patent protection automatically. 
A)  A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. 
B)  Computer programs, as a general rule, can be patented as well as copyrighted, because they are a set of instructions to a computer. 
C)  If a patent is developed by an employee, the employee has the right to obtain the patent. 
D)  In exchange for the monopoly given under the Patent Act, the owner of the patent must disclose the invention in its entirety. 
E)  An amendment to the Patent Act allows patent protection automatically.

Question 15

What is an Anton Piller order?

Accepted Answer

This is a court order whereby

Question 16

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

Accepted Answer

Question 17

Provincial legislation gives the right to copy or reproduce a created work to the author or owner and controls infringements.

Accepted Answer

A) True 
 B)False

Question 18

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 go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

Accepted Answer

A) True 
 B)False

Question 19

Joe wanted to start up a restaurant business. He did some research and found out McDonald's had not properly registered its trademark, the golden arches, in his particular area. Joe used a similar pair of arches over his restaurant and started business. Explain any danger he might face.

Accepted Answer

Even if McDonald's has failed to properl

Question 20

When a trademark is registered, it gives protection for a period of 50 years.

Accepted Answer

A) True 
 B)False

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

Which of the following is true with regard to our Canadian Copyright Act?

Which of the following is true with regard to the law of trade secret/breach of confidence?

What is the period of protection associated with patent law?

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

Discuss the various remedies that are available and their effectiveness when intellectual property such as copyright and patent are interfered with.

Explain how the remedy of an accounting works when there has been a violation of copyright.

Which of the following is false with regard to trademark?

How long is protection given under the Copyright Act?

Which of the following is not a remedy for a copyright infringement?

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.

Indicate three things that cannot be patented.

Which of the following is true with regard to the law governing patents?

What is an Anton Piller order?

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

Provincial legislation gives the right to copy or reproduce a created work to the author or owner and controls infringements.

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 go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

Joe wanted to start up a restaurant business. He did some research and found out McDonald's had not properly registered its trademark, the golden arches, in his particular area. Joe used a similar pair of arches over his restaurant and started business. Explain any danger he might face.

When a trademark is registered, it gives protection for a period of 50 years.

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

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

Which of the following is true with regard to our Canadian Copyright Act?

Which of the following is true with regard to the law of trade secret/breach of confidence?

What is the period of protection associated with patent law?

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

Discuss the various remedies that are available and their effectiveness when intellectual property such as copyright and patent are interfered with.

Explain how the remedy of an accounting works when there has been a violation of copyright.

Which of the following is false with regard to trademark?

How long is protection given under the Copyright Act?

Which of the following is not a remedy for a copyright infringement?

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.

Indicate three things that cannot be patented.

Which of the following is true with regard to the law governing patents?

What is an Anton Piller order?

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

Provincial legislation gives the right to copy or reproduce a created work to the author or owner and controls infringements.

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 go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

Joe wanted to start up a restaurant business. He did some research and found out McDonald's had not properly registered its trademark, the golden arches, in his particular area. Joe used a similar pair of arches over his restaurant and started business. Explain any danger he might face.

When a trademark is registered, it gives protection for a period of 50 years.

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