Exam 13: Intellectual Property

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 true?

How long is protection given under the Copyright Act?

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.

"In Canada, copyright always resides with the author of the material." Discuss the accuracy of this statement.

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

Ownership of a copyright can be sold.

The 2012 amendments to the Copyright Act first provided copyright protection for computer software and hardware.

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?

Which of the following is the correct definition of a chattel?

Which of the following is true with regard to copyright law in Canada?

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?

What rights are conveyed by the granting of a patent?

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

When the author assigns his copyright to a purchaser, what rights does he still have in relation to the work?

Which of the following is true with regard to obtaining a patent?

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.

What period of protection is granted under industrial design legislation?

Monsanto Canada Inc. developed a strain of canola seed that was resistant to a herbicide that Monsanto produced. Monsanto patented this strain of genetically-engineered seed. Schmeiser, a farmer, noticed that some of his crop was resistant to this herbicide. He collected these seeds and replanted them. When it turned out his plants contained the genetically-modified genes, Monsanto sued for patent infringement. In the case of Monsanto Canada Inc. v. Schmeiser, what did the Supreme Court of Canada hold?

Give three examples of matters covered by copyright legislation.

Which of the following correctly matches the term to its definition?