Question 1

What is the term "intellectual property" synonymous with in law when used to refer to a freelance cartoonist's newly composed cartoon?

Accepted Answer

A)  the rights that attach to intangibles 
B)  the manner in which the cartoon is expressed 
C)  incentives for developing and creating ideas 
D)  confidential business information 
A)  the rights that attach to intangibles 
B)  the manner in which the cartoon is expressed 
C)  incentives for developing and creating ideas 
D)  confidential business information A

Question 2

How may an obligation of confidence arise in the absence of an express provision regarding confidence?

Accepted Answer

A)  through the nature of the business 
B)  through a disclosure agreement 
C)  through a fiduciary relationship 
D)  through a breach of express provision 
A)  through the nature of the business 
B)  through a disclosure agreement 
C)  through a fiduciary relationship 
D)  through a breach of express provision C

Question 3

Briefly discuss how parties may acquire an express obligation to keep information confidential and how that obligation is often expressed in relation to an employee.

Accepted Answer

Parties may acquire an express obligation to keep information confidential through a non-disclosure agreement. Non-disclosure agreements require recipients of information to respect its confidentiality by agreeing not to discuss, disclose, or use it. Employees are often required by the terms of their employment contracts to keep certain information confidential.

Question 4

Discuss the rights attributable to a registered industrial design.

Accepted Answer

The registration of an industrial design

Question 5

Which of the following is a connection between trademarks and trade names?

Accepted Answer

A)  The use of both denotes the registration of the distinguishing guise of business products. 
B)  The use of both gives an indication that a product meets a defined standard. 
C)  Adoption of one by a business may prevent registration by competitors of the other. 
D)  Closely related trademarks are trade names that receive protection under trademark law. 
A)  The use of both denotes the registration of the distinguishing guise of business products. 
B)  The use of both gives an indication that a product meets a defined standard. 
C)  Adoption of one by a business may prevent registration by competitors of the other. 
D)  Closely related trademarks are trade names that receive protection under trademark law.

Question 6

What is the most likely result if Sen Yuen's industrial design application is approved?

Accepted Answer

A)  He will receive a 20-year certificate of registration. 
B)  Infringement will result in a monetary damage award. 
C)  Infringement will result in an injunction and monetary damages. 
D)  He will receive a 10-year certificate of registration. 
A)  He will receive a 20-year certificate of registration. 
B)  Infringement will result in a monetary damage award. 
C)  Infringement will result in an injunction and monetary damages. 
D)  He will receive a 10-year certificate of registration.

Question 7

How will a trademark derive value if it is unregistered?

Accepted Answer

A)  from a presumption of ownership and validity 
B)  from its perceived goodwill, which is subject to remedy by the tort of passing off 
C)  from its ability to prove identical trademarks in the case of a challenge 
D)  from its creation; it provides broad protection on a geographically national level 
A)  from a presumption of ownership and validity 
B)  from its perceived goodwill, which is subject to remedy by the tort of passing off 
C)  from its ability to prove identical trademarks in the case of a challenge 
D)  from its creation; it provides broad protection on a geographically national level

Question 8

Which of the following strongly supports incurring the expense of having a patent agent search relevant literature for the purposes of establishing novelty?

Accepted Answer

A)  Ninety percent of all patents are for improvements to existing patented inventions. 
B)  The opinion is required to establish both ingenuity and inventiveness. 
C)  Opinions are crucial to the grace period for filing the patent application. 
D)  The date of earliest use becomes the disclosure date used for establishing novelty. 
A)  Ninety percent of all patents are for improvements to existing patented inventions. 
B)  The opinion is required to establish both ingenuity and inventiveness. 
C)  Opinions are crucial to the grace period for filing the patent application. 
D)  The date of earliest use becomes the disclosure date used for establishing novelty.

Question 9

Nancy is currently reviewing the serialized one-line definitions, known as claims, noted on her client's application. What is name given to Nancy's role?

Accepted Answer

A)  patent lawyer 
B)  patent holder 
C)  patent agent 
D)  patent officer 
A)  patent lawyer 
B)  patent holder 
C)  patent agent 
D)  patent officer

Question 10

What role does an ISP's conduit function have to hold in order to receive protection from liability by the communication exemption?

Accepted Answer

A)  intermedial 
B)  primary 
C)  private use 
D)  non-disturbing 
A)  intermedial 
B)  primary 
C)  private use 
D)  non-disturbing

Question 11

Ziggy's ChairsByDesign Inc. protects its rights to the appearance of its articles against copying by registering its industrial designs and marking its products appropriately.

Accepted Answer

A) True 
 B)False

Question 12

Kyrie enjoys a successful freelance career creating advertisement jingles. What category would the intellectual property being created by Kylie would fall into?

Accepted Answer

A)  moral rights 
B)  copyright 
C)  trademark 
D)  confidential information 
A)  moral rights 
B)  copyright 
C)  trademark 
D)  confidential information

Question 13

Which of the following elements would a registrar most likely require to be established in order for joint authorship to be recognized under copyright law?

Accepted Answer

A)  intentional shared authorship 
B)  shared origin of the work 
C)  mutual authorization 
D)  public performance by each author 
A)  intentional shared authorship 
B)  shared origin of the work 
C)  mutual authorization 
D)  public performance by each author

Question 14

A business with a patent monopoly to sell its invention will want to ensure it has a unique domain name on the website that will readily direct its customers to its website address.

Accepted Answer

A) True 
 B)False

Question 15

Paulette's patent agent submitted her patent application to the Canadian patent office (CPO). The CPO stamped the application, noting a June 1, 2013, filing date. What must Paulette do so that her patent application won't be deemed abandoned?

Accepted Answer

A)  remit payment of patent maintenance fees annually each June 
B)  request a delay for time to test the invention in the market 
C)  request the requisite examination prior to June 1, 2018 
D)  require the use of "patent pending" on her invention 
A)  remit payment of patent maintenance fees annually each June 
B)  request a delay for time to test the invention in the market 
C)  request the requisite examination prior to June 1, 2018 
D)  require the use of "patent pending" on her invention

Question 16

Which of the following is the most effective means of exploiting the value residing in protected intellectual property?

Accepted Answer

A)  assignment or licensing 
B)  fair dealing 
C)  cyber-squatting 
D)  getting joint copyright 
A)  assignment or licensing 
B)  fair dealing 
C)  cyber-squatting 
D)  getting joint copyright

Question 17

Fair dealing is a permitted defence to copyright infringement that allows the copying of works for unlimited purposes.

Accepted Answer

A) True 
 B)False

Question 18

Tyrone's business has been able to successfully redirect a competitor's traffic to his website. Which of the following would strongly support the competitor's attempt to recover its customer traffic flow?

Accepted Answer

A)  Institute injunctive proceedings with ICANN or CIRA. 
B)  Initiate a complaint with the domain name provider regarding bad-faith registration. 
C)  Initiate a search by the registrar to ascertain entitlement on a first-registered basis. 
D)  Institute court proceedings for copyright infringement. 
A)  Institute injunctive proceedings with ICANN or CIRA. 
B)  Initiate a complaint with the domain name provider regarding bad-faith registration. 
C)  Initiate a search by the registrar to ascertain entitlement on a first-registered basis. 
D)  Institute court proceedings for copyright infringement.

Question 19

Although the Canadian Patent Office guidelines state that business methods are not automatically excluded from protection, some business methods are deemed unpatentable for policy reasons.

Accepted Answer

A) True 
 B)False

Question 20

The president of Amanda's organization has instructed that all strategic business information be protected due to its confidentiality. How will this secret information receive protection?

Accepted Answer

A)  Protection is afforded exclusively through patent claims. 
B)  Protection is afforded exclusively through express or implied confidentiality obligations. 
C)  Protection is afforded by copyright law. 
D)  Protection is afforded through the trade secret application process. 
A)  Protection is afforded exclusively through patent claims. 
B)  Protection is afforded exclusively through express or implied confidentiality obligations. 
C)  Protection is afforded by copyright law. 
D)  Protection is afforded through the trade secret application process.

Exam 18: Intellectual Property

What is the term "intellectual property" synonymous with in law when used to refer to a freelance cartoonist's newly composed cartoon?

How may an obligation of confidence arise in the absence of an express provision regarding confidence?

Briefly discuss how parties may acquire an express obligation to keep information confidential and how that obligation is often expressed in relation to an employee.

Discuss the rights attributable to a registered industrial design.

Which of the following is a connection between trademarks and trade names?

What is the most likely result if Sen Yuen's industrial design application is approved?

How will a trademark derive value if it is unregistered?

Which of the following strongly supports incurring the expense of having a patent agent search relevant literature for the purposes of establishing novelty?

Nancy is currently reviewing the serialized one-line definitions, known as claims, noted on her client's application. What is name given to Nancy's role?

What role does an ISP's conduit function have to hold in order to receive protection from liability by the communication exemption?

Ziggy's ChairsByDesign Inc. protects its rights to the appearance of its articles against copying by registering its industrial designs and marking its products appropriately.

Kyrie enjoys a successful freelance career creating advertisement jingles. What category would the intellectual property being created by Kylie would fall into?

Which of the following elements would a registrar most likely require to be established in order for joint authorship to be recognized under copyright law?

A business with a patent monopoly to sell its invention will want to ensure it has a unique domain name on the website that will readily direct its customers to its website address.

Paulette's patent agent submitted her patent application to the Canadian patent office (CPO). The CPO stamped the application, noting a June 1, 2013, filing date. What must Paulette do so that her patent application won't be deemed abandoned?

Which of the following is the most effective means of exploiting the value residing in protected intellectual property?

Fair dealing is a permitted defence to copyright infringement that allows the copying of works for unlimited purposes.

Tyrone's business has been able to successfully redirect a competitor's traffic to his website. Which of the following would strongly support the competitor's attempt to recover its customer traffic flow?

Although the Canadian Patent Office guidelines state that business methods are not automatically excluded from protection, some business methods are deemed unpatentable for policy reasons.

The president of Amanda's organization has instructed that all strategic business information be protected due to its confidentiality. How will this secret information receive protection?

Knowledge of Law As a Business Asset

The Canadian Legal System

Managing Legal Risks

Dispute Resolution

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non Enforcement of Contracts

Termination and Enforcement of Contracts

Introduction to Tort Law

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Personal Property

Real Property

The Employment Relationship

Terminating the Employment Relationship

Professional Services

Sales and Marketing: the Contract, Product, and Promotion

Sales and Marketing: Price, Distribution, and Risk Management

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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