Question 1

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

Accepted Answer

Copyrighted material can be re

Question 2

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

Accepted Answer

A)  Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
B)  Trade secret law is governed by a provincial statute. 
C)  While an employee is prohibited from disclosing confidential information he has learned on the job, he can use the general skills he has acquired on that job when he changes employment. 
D)  The court cannot award punitive damages, just compensatory damages, for breach of confidence. 
E)  The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting, e.g., stealing a company's customer list, plans, etc. 
A)  Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
B)  Trade secret law is governed by a provincial statute. 
C)  While an employee is prohibited from disclosing confidential information he has learned on the job, he can use the general skills he has acquired on that job when he changes employment. 
D)  The court cannot award punitive damages, just compensatory damages, for breach of confidence. 
E)  The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting, e.g., stealing a company's customer list, plans, etc.

Question 3

In an article about the patents held by the Research Services Office at the University of Waterloo, it was written that none of the patents were there because someone set out to invent something new. "If we knew what it was that creates innovation, we would all be millionaires... it's chance, brilliance, an offhand remark...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention?

Accepted Answer

A)  A new and useful machine 
B)  An original artistic work 
C)  A significant scientific principle 
D)  Novel information used in a person's business which gives him or her a competitive edge 
E)  A unique mark identifying a business or product 
A)  A new and useful machine 
B)  An original artistic work 
C)  A significant scientific principle 
D)  Novel information used in a person's business which gives him or her a competitive edge 
E)  A unique mark identifying a business or product

Question 4

Explain the concept of an "enhanced injunction."

Accepted Answer

This is a remedy under the Cop

Question 5

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

Accepted Answer

The 1988 amendment to the Copy

Question 6

Three students chose to work on a directed study project for Planned Parenthood Association. The project included the creation of an app for inventory control. The students went to the library to get a book on the topic. The book was in the reserve section, so the students made three copies of the four relevant pages so that they could study them. They used the ideas from the book and created an original app and a manual. Later, when the students were preparing a report for their presentation, they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction. They copied those four pages and used them as their own for the beginning of their twenty page report. At the presentation, seven copies of the report were made (with the code and manual as appendices). On these facts, which of the following is true?

Accepted Answer

A)  Although the students have created an app and a manual as a project, they would own the copyright on the app and the manual unless they had agreed otherwise. 
B)  When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright, and they have no defence. 
C)  Using the ideas from the book was an infringement of copyright. 
D)  Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. 
E)  Because the copied pages were a very small part of the whole report, there was no infringement of copyright. 
A)  Although the students have created an app and a manual as a project, they would own the copyright on the app and the manual unless they had agreed otherwise. 
B)  When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright, and they have no defence. 
C)  Using the ideas from the book was an infringement of copyright. 
D)  Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. 
E)  Because the copied pages were a very small part of the whole report, there was no infringement of copyright.

Question 7

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 is 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 is 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 8

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

Accepted Answer

A) True 
 B)False

Question 9

Joe worked for Harry's Fine Toys for a period of six years. In September, he left Harry's Fine Toys and went to Sam's Toy Shop, a competitor, and disclosed Harry's Christmas line of toys. What could Harry do under these circumstances?

Accepted Answer

In the process of disclosing t

Question 10

Discuss how the common law protects intellectual property. In your discussion, indicate why it was necessary to introduce statutes in some areas.

Accepted Answer

The main type of common law protection w

Question 11

What is the main purpose of patent law?

Accepted Answer

To provide the disclosure of t

Question 12

Identify the impact the Internet and other forms of electronic communication have had on intellectual property.

Accepted Answer

Canadian copyright law protect

Question 13

Discuss the role of the Copyright Board.

Accepted Answer

This is a general discussion question. S

Question 14

Discuss how a business can use intellectual property and information technology to their advantage.

Accepted Answer

This is a general discussion question. S

Question 15

In order to obtain an interlocutory injunction, what must the plaintiff establish?

Accepted Answer

The plaintiff must establish a prima fac

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 false?

Accepted Answer

A)  Sally owes a fiduciary duty to Chad because of her 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 inducing breach of contract. 
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 made it clear that the information was confidential and should not be disclosed. 
A)  Sally owes a fiduciary duty to Chad because of her 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 inducing breach of contract. 
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 made it clear that the information was confidential and should not be disclosed.

Question 17

Which of the following is true with respect to the application of intellectual property law to the Internet?

Accepted Answer

A)  Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use. 
B)  Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws. 
C)  In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. 
D)  If a user accesses a web site on which a trademark appears, an actionable infringement has taken place. 
E)  The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet. 
A)  Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use. 
B)  Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws. 
C)  In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. 
D)  If a user accesses a web site on which a trademark appears, an actionable infringement has taken place. 
E)  The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet.

Question 18

In order to obtain a remedy for the disclosure of confidential information or a trade secret, what must the plaintiff show?

Accepted Answer

A)  That the employee intended to harm the employer 
B)  That there was a non-disclosure agreement 
C)  That the disclosure of information has caused harm 
D)  That the employee profited from the disclosure 
E)  That the information was not personal 
A)  That the employee intended to harm the employer 
B)  That there was a non-disclosure agreement 
C)  That the disclosure of information has caused harm 
D)  That the employee profited from the disclosure 
E)  That the information was not personal

Question 19

What kinds of things are protected as industrial designs?

Accepted Answer

A design or pattern that disti

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

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

Explain the concept of an "enhanced injunction."

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

Which of the following is false with regard to trademark?

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

Joe worked for Harry's Fine Toys for a period of six years. In September, he left Harry's Fine Toys and went to Sam's Toy Shop, a competitor, and disclosed Harry's Christmas line of toys. What could Harry do under these circumstances?

Discuss how the common law protects intellectual property. In your discussion, indicate why it was necessary to introduce statutes in some areas.

What is the main purpose of patent law?

Identify the impact the Internet and other forms of electronic communication have had on intellectual property.

Discuss the role of the Copyright Board.

Discuss how a business can use intellectual property and information technology to their advantage.

In order to obtain an interlocutory injunction, what must the plaintiff establish?

Which of the following is true with respect to the application of intellectual property law to the Internet?

In order to obtain a remedy for the disclosure of confidential information or a trade secret, what must the plaintiff show?

What kinds of things are protected as industrial designs?

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 copyrighted material can be reproduced without permission of the copyright holder.

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

Explain the concept of an "enhanced injunction."

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

Which of the following is false with regard to trademark?

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

Joe worked for Harry's Fine Toys for a period of six years. In September, he left Harry's Fine Toys and went to Sam's Toy Shop, a competitor, and disclosed Harry's Christmas line of toys. What could Harry do under these circumstances?

Discuss how the common law protects intellectual property. In your discussion, indicate why it was necessary to introduce statutes in some areas.

What is the main purpose of patent law?

Identify the impact the Internet and other forms of electronic communication have had on intellectual property.

Discuss the role of the Copyright Board.

Discuss how a business can use intellectual property and information technology to their advantage.

In order to obtain an interlocutory injunction, what must the plaintiff establish?

Which of the following is true with respect to the application of intellectual property law to the Internet?

In order to obtain a remedy for the disclosure of confidential information or a trade secret, what must the plaintiff show?

What kinds of things are protected as industrial designs?

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