Exam 13: Intellectual Property

Pete is an accountant and Judy works in a bank, but every evening of last year they worked to create a clever computer game. When they finished, they had no difficulty in gaining the interest of a publisher. Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales. When the game was published, the advertising was rather vulgar but acceptable to Pete and Judy. They learned, however, that there was a further change - the villain had been changed and clearly represented a world leader of an Asian country. Pete and Judy were embarrassed and outraged. On these facts, which of the following is true?

What qualifications must be met in order for something to be patentable?

Which of the following is correct with respect to trade secrets?

Computer students who watched their teachers go out on strike were amazed when they heard about the difficult logistics required in such an operation. Two students spent two nights and two days developing an app for organizing a strike and picket line. It included such variables as legal requirements, number of sites, number of picketers, communications network, shifts, media contacts, etc. The students called their app "Picket Progress." The students took their package - code and manual - to a computer developer/publisher, Mr. Lacs, to discuss the feasibility of marketing the app. Lacs said it was feasible. However, negotiations, which had lasted over a two week period, broke down when Lacs rejected the students' terms in their licensing agreement. Three months later, the students learned that Lacs developed and published an app called "Picketers' Path" based on their ideas, with a manual that they recognized as theirs. On these facts, which of the following is true?

After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments?

What three important remedies does the Copyright Act now provide to copyright owners?

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

Alternative dispute resolution has been effective in settling certain types of Internet disputes.

It is possible for a trademark name to lose its status through common use.

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

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

Distinguish between what is protected under patent law compared to copyright law.

Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.

In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

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

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

A patent gives the exclusive right to produce, market, and sell a new invention.

Explain the nature of "fair dealing."

Distinguish between copyright and patent.

Indicate four remedies that may be available to the victim of the breach of copyright.