Question 1

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Accepted Answer

A) True 
 B)False

Question 2

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Accepted Answer

When one business persuades an

Question 3

Three students chose to work on a directed study project for Planned Parenthood Association. The project included the creation of an app for inventory control. The students went to the library to get a book on the topic. The book was in the reserve section, so the students made three copies of the four relevant pages so that they could study them. They used the ideas from the book and created an original app and a manual. Later, when the students were preparing a report for their presentation, they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction. They copied those four pages and used them as their own for the beginning of their twenty page report. At the presentation, seven copies of the report were made (with the code and manual as appendices). On these facts, which of the following is true?

Accepted Answer

A)  Although the students have created an app and a manual as a project, they would own the copyright on the app and the manual unless they had agreed otherwise. 
B)  When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright, and they have no defence. 
C)  Using the ideas from the book was an infringement of copyright. 
D)  Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. 
E)  Because the copied pages were a very small part of the whole report, there was no infringement of copyright. 
A)  Although the students have created an app and a manual as a project, they would own the copyright on the app and the manual unless they had agreed otherwise. 
B)  When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright, and they have no defence. 
C)  Using the ideas from the book was an infringement of copyright. 
D)  Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. 
E)  Because the copied pages were a very small part of the whole report, there was no infringement of copyright.

Question 4

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

Accepted Answer

A)  A person could seek protection under the law of trade secret and the law of copyright at the same time. 
B)  The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act. 
C)  The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition. 
D)  An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret. 
E)  An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use. 
A)  A person could seek protection under the law of trade secret and the law of copyright at the same time. 
B)  The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act. 
C)  The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition. 
D)  An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret. 
E)  An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use.

Question 5

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken droppings and old leaves. This fuel also causes no wear on the engine of the car. Homer built a prototype in a workshop in his backyard. Before he seeks publicity, he would like to protect his invention and any business that emerges from the development and sale of his engines. In this regard, which of the following is False?

Accepted Answer

A)  If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention. 
B)  Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application. 
C)  If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas. 
D)  If anyone steals his ideas, Ford could also sue in tort for injurious Falsehood. 
E)  If he obtains a patent, the protection will be for a period of 20 years. 
A)  If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention. 
B)  Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application. 
C)  If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas. 
D)  If anyone steals his ideas, Ford could also sue in tort for injurious Falsehood. 
E)  If he obtains a patent, the protection will be for a period of 20 years.

Question 6

Explain how trademark protection is obtained.

Accepted Answer

An unregistered trademark is e

Question 7

Which of the following is not a remedy for a copyright infringement?

Accepted Answer

A)  Interlocutory injunction 
B)  Anton Piller order 
C)  Permanent injunction 
D)  Certiorari 
E)  Damages 
A)  Interlocutory injunction 
B)  Anton Piller order 
C)  Permanent injunction 
D)  Certiorari 
E)  Damages

Question 8

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

Accepted Answer

A) True 
 B)False

Question 9

What protection is given under trademark legislation?

Accepted Answer

It prevents others from using

Question 10

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

Accepted Answer

The 1988 amendment to the Copy

Question 11

A person can only bring a passing-off action where there is no registered trademark involved.

Accepted Answer

A) True 
 B)False

Question 12

What is the main purpose of patent law?

Accepted Answer

To provide the disclosure of t

Question 13

Indicate three things that cannot be used as a trademark.

Accepted Answer

A sound or colour by itself; something o

Question 14

Under the Copyright Act, what does the remedy of statutory damages entail?

Accepted Answer

It is a remedy enabl

Question 15

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

Accepted Answer

A) True 
 B)False

Question 16

In order to obtain an interlocutory injunction, what must the plaintiff establish?

Accepted Answer

The plaintiff must establish a prima fac

Question 17

The mere possibility of confusion is sufficient to block a trademark application.

Accepted Answer

A) True 
 B)False

Question 18

Maureen, who frequently developed gadgets, had an idea for a machine that could feed her animals (cats, dogs, rabbits, and fish) while she was away on vacation for a week. She was very sure of the idea and began discussions with a manufacturer. Unfortunately, after it was concluded that he could make the machine, they could not agree on his proper compensation and they broke off negotiations. Shortly afterwards, this manufacturer, Easylife Ltd., began to manufacturer "the animal feeder" based on her idea. On these facts, which of the following is true?

Accepted Answer

A)  The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit. 
B)  The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law. 
C)  The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment. 
D)  Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information. 
E)  Maureen has no action against the manufacturer because she had not patented her invention. 
A)  The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit. 
B)  The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law. 
C)  The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment. 
D)  Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information. 
E)  Maureen has no action against the manufacturer because she had not patented her invention.

Question 19

A person can obtain copyright protection only when the idea upon which the work is based is original.

Accepted Answer

A) True 
 B)False

Question 20

What is an Anton Piller order?

Accepted Answer

This is a court order whereby

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

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

Explain how trademark protection is obtained.

Which of the following is not a remedy for a copyright infringement?

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

What protection is given under trademark legislation?

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

A person can only bring a passing-off action where there is no registered trademark involved.

What is the main purpose of patent law?

Indicate three things that cannot be used as a trademark.

Under the Copyright Act, what does the remedy of statutory damages entail?

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

In order to obtain an interlocutory injunction, what must the plaintiff establish?

The mere possibility of confusion is sufficient to block a trademark application.

A person can obtain copyright protection only when the idea upon which the work is based is original.

What is an Anton Piller order?

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

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

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

Explain how trademark protection is obtained.

Which of the following is not a remedy for a copyright infringement?

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

What protection is given under trademark legislation?

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

A person can only bring a passing-off action where there is no registered trademark involved.

What is the main purpose of patent law?

Indicate three things that cannot be used as a trademark.

Under the Copyright Act, what does the remedy of statutory damages entail?

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

In order to obtain an interlocutory injunction, what must the plaintiff establish?

The mere possibility of confusion is sufficient to block a trademark application.

A person can obtain copyright protection only when the idea upon which the work is based is original.

What is an Anton Piller order?

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