Exam 13: Intellectual Property

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 get a court order to allow him to search and seize the evidence. Which of the following is such an order?

Discuss how the common law protects intellectual property. In your discussion, indicate why it was necessary to introduce statutes in some areas.

Provincial legislation gives the right to copy or reproduce a created work to the author or owner and controls infringements.

Lodown Ltd., a company created by Mr. Day, became very successful over its ten-year history. The company was run by Day, as president, and three vice-presidents (Martin, Mull, and Rand) who made up the executive board. At their last meeting, Mr. Day announced that he had confidential information to share with them, namely, that his wife was terminally ill, that he was withdrawing from active management for an indefinite period of time, and that he would transfer his responsibilities to Martin. Rand repeated this information to others, and by doing, so he caused the company to lose a lucrative contract being negotiated. On these facts, which of the following is true?

Explain how the remedy of an accounting works when there has been a violation of copyright.

Paul and Robert designed a new phone case that they want to introduce to a large market. They decide that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any smartphone. After playing with some symbols, they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known. Which of the following is true?

In Canada, the Federal Court of Appeal recently allowed for a patent of methods of carrying on business, but business method patents have been available in the United States for some time.

Moral rights means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

Explain the "YouTube exception" in the Copyright Act.

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

Joe wanted to start up a restaurant business. He did some research and found out McDonald's had not properly registered its trademark, the golden arches, in his particular area. Joe used a similar pair of arches over his restaurant and started business. Explain any danger he might face.

Distinguish between a trademark action and a passing-off action.

What is meant by a permanent injunction?

Joe wrote a short story that he was extremely proud of, brought it to you, and asked you about how to go about having it copyrighted. What would be your answer?

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?