Question 1

Explain the concept of "delivery up."

Accepted Answer

This is an order directing the defendant to deliver all copies of the infringing items in his or her possession or control to the copyright owner.

Question 2

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

Accepted Answer

A)  statutory damages. 
B)  punitive damages. 
C)  an accounting. 
D)  compensatory damages. 
E)  an injunction. 
A)  statutory damages. 
B)  punitive damages. 
C)  an accounting. 
D)  compensatory damages. 
E)  an injunction. C

Question 3

What is an interlocutory injunction?

Accepted Answer

This is an interim injunction that is obtained prior to the trial to prevent some sort of offending conduct.

Question 4

Explain how a patent is obtained.

Accepted Answer

A patent must be app

Question 5

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 6

Aunt Juliet wants to know whether or not to register her trademark. Which of the following is true with regard to registration of trademarks?

Accepted Answer

A)  Registration of the trademark would give her exclusive use of that mark nationwide even if she does not market her wares nationwide. 
B)  If she does not register her trademark under the Trademark Act, she will have no legal protection of her mark. 
C)  Trademarks can only consist of socially acceptable symbols or logos. Words and expressions must seek copyright protection. 
D)  Registration gives her the right to use her mark for her life plus fifty years. 
E)  A registered trademark is required for a passing-off action. 
A)  Registration of the trademark would give her exclusive use of that mark nationwide even if she does not market her wares nationwide. 
B)  If she does not register her trademark under the Trademark Act, she will have no legal protection of her mark. 
C)  Trademarks can only consist of socially acceptable symbols or logos. Words and expressions must seek copyright protection. 
D)  Registration gives her the right to use her mark for her life plus fifty years. 
E)  A registered trademark is required for a passing-off action.

Question 7

Which of the following is essential for a work to have copyright protection?

Accepted Answer

A)  The idea on which the work is based must be original. 
B)  The subject matter of the work must only fall into either musical or artistic categories. 
C)  The expression of the idea must be an original product of the author's own skill. 
D)  The expression of the idea will generally be sufficient. 
E)  The creator of the work must register his/her work in Canada. 
A)  The idea on which the work is based must be original. 
B)  The subject matter of the work must only fall into either musical or artistic categories. 
C)  The expression of the idea must be an original product of the author's own skill. 
D)  The expression of the idea will generally be sufficient. 
E)  The creator of the work must register his/her work in Canada.

Question 8

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 9

In order to successfully sue someone for violation of trademark, what must be established?

Accepted Answer

It must be established that th

Question 10

What kinds of things are protected as industrial designs?

Accepted Answer

A design or pattern that disti

Question 11

Tom, a classmate of yours at Red River College, was employed as a programmer by Mohawk Oil Company about three months after graduation. Because you could understand the program he was working on and because you write well, he called to ask if you wanted to take on the task of writing the manual to accompany the program. Read each of the following separately and indicate which is true.

Accepted Answer

A)  The issue of who owns copyright in the manual depends solely on who writes it. 
B)  If two persons wrote the manual together, only one person can have ownership of the copyright. 
C)  If the company hires you as an employee to write the manual, the company would own copyright unless your employment contract provided otherwise. 
D)  If you contract as an independent contractor (independent consultant) with the company, and the contract does not specify otherwise, the company owns the copyright. 
E)  The owner of the copyright will be whoever first gets his claim of ownership in the copyright office. 
A)  The issue of who owns copyright in the manual depends solely on who writes it. 
B)  If two persons wrote the manual together, only one person can have ownership of the copyright. 
C)  If the company hires you as an employee to write the manual, the company would own copyright unless your employment contract provided otherwise. 
D)  If you contract as an independent contractor (independent consultant) with the company, and the contract does not specify otherwise, the company owns the copyright. 
E)  The owner of the copyright will be whoever first gets his claim of ownership in the copyright office.

Question 12

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Accepted Answer

A)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit. 
B)  A duty is only owed when the information is copyrighted or patented. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. 
D)  There is an obligation of duty, only if stems from contract law. 
E)  The duty is owed only between partners within a partnership. 
A)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit. 
B)  A duty is only owed when the information is copyrighted or patented. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. 
D)  There is an obligation of duty, only if stems from contract law. 
E)  The duty is owed only between partners within a partnership.

Question 13

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Accepted Answer

There is n

Question 14

Discuss the idea of the duty of confidentiality that an employee owes to their employer. Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

Accepted Answer

There are many situations where the disc

Question 15

The effect of an Anton Piller order is to

Accepted Answer

A)  stop infringement before trial. 
B)  seize material from the suspected wrongdoer. 
C)  prohibit the offender from dealing with certain products. 
D)  compensate holder of copyright. 
E)  require the infringer to pay over any profits. 
A)  stop infringement before trial. 
B)  seize material from the suspected wrongdoer. 
C)  prohibit the offender from dealing with certain products. 
D)  compensate holder of copyright. 
E)  require the infringer to pay over any profits.

Question 16

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 17

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

Accepted Answer

A)  Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. 
B)  Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. 
C)  A professor automatically owns copyright in works created by a student for his or her class. 
D)  While a student owns the copyright in works he or she has created, a professor has moral rights in such works. 
E)  While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works. 
A)  Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. 
B)  Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. 
C)  A professor automatically owns copyright in works created by a student for his or her class. 
D)  While a student owns the copyright in works he or she has created, a professor has moral rights in such works. 
E)  While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

Accepted Answer

A)  Yung cannot get a patent for his improvement because it is not entirely new or novel. 
B)  Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. 
C)  Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. 
D)  The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. 
E)  Both Yung's improvement and the original machine lose their patent protection. 
A)  Yung cannot get a patent for his improvement because it is not entirely new or novel. 
B)  Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. 
C)  Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. 
D)  The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. 
E)  Both Yung's improvement and the original machine lose their patent protection.

Explain the concept of "delivery up."

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

What is an interlocutory injunction?

Explain how a patent is obtained.

Which of the following is False with regard to trademark?

Aunt Juliet wants to know whether or not to register her trademark. Which of the following is true with regard to registration of trademarks?

Which of the following is essential for a work to have copyright protection?

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

In order to successfully sue someone for violation of trademark, what must be established?

What kinds of things are protected as industrial designs?

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Discuss the idea of the duty of confidentiality that an employee owes to their employer. Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

The effect of an Anton Piller order is to

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

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

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

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

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 the concept of "delivery up."

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

What is an interlocutory injunction?

Explain how a patent is obtained.

Which of the following is False with regard to trademark?

Aunt Juliet wants to know whether or not to register her trademark. Which of the following is true with regard to registration of trademarks?

Which of the following is essential for a work to have copyright protection?

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

In order to successfully sue someone for violation of trademark, what must be established?

What kinds of things are protected as industrial designs?

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Discuss the idea of the duty of confidentiality that an employee owes to their employer. Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

The effect of an Anton Piller order is to

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

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

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

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

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