Exam 18: Intellectual Property

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A party requesting a pretrial order to allow it to seize material suspected of infringing intellectual property rights is asking a court for an Anton Pillar order.

(True/False)
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What is the function of a certification mark?

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What areas of intellectual property are within the federal government's legislative jurisdiction?

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The negotiation of the purchase of a domain name from a registered owner may be, but is not always, the result of the exploitive practice of cyber-squatting.

(True/False)
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What valid commonality do the elements of private study, research, criticism, and review share?

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What is the source of a description of a product's manufacturing process with respect to the patent application process?

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What is the primary purpose of copyright?

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Which of the following is distinguished by the absence of specific statutory protection and statutory definition?

(Multiple Choice)
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Identify the elements that determine the patentability of intellectual property, the duration of the patent, and prohibitive elements that an owner of intellectual property should consider, if any.

(Short Answer)
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Which of the following distinguishes a patent held by a large commercial entity from a patent held by a small commercial entity?

(Multiple Choice)
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Which of the following is directly related to the specific exemption from copyright protection permitting an owner to make a copy for adaptation for further use?

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Works that qualify as industrial designs may also qualify for protection under the Copyright Act. How do the laws dealing with intellectual property address this overlap?

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List the factors identified by the Supreme Court of Canada that must be considered with respect to a confusion created by similar trademarks.

(Short Answer)
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Rhafayl Furniture by Design Inc. owns several industrial design patents. Larroyce, Rhafayl's patent lawyer, confirmed the apparent infringement of a number of their patents by a national competitor. Larroyce assured Rhafayl's executive the company will be entitled to claim monetary damages for infringement. Which of the following would most strongly support Larroyce's opinion in this regard?

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The establishment of multi-jurisdictional operations and advances in communication technologies have made geographic boundaries obvious to define.

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Identify the general categories of information commonly used in a business or commercial context that would be considered confidential.

(Short Answer)
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What circumstances would prevent the originator of an industrial design from making an application to the Industrial Design Office for patent protection?

(Multiple Choice)
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Rupert is discussing the various methods available to his company with respect to a domain name registration that is preventing it from using its trademark as its Internet address with the registrar. What is most likely the cause of this conflict?

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What is meant by "the heart" with respect to trademark law?

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