Exam 17: Intellectual Property

Henrik successfully sued Acme Inc for violation of his moral rights.Which of the following statements is most likely to be TRUE?

A manager at a textile factory suspects his employees are feeding his competitors information about new textiles he is developing.In order to make them aware that this is unacceptable, he reminds them all that any information about his textiles is confidential and must not be disclosed.This is sufficient to ensure that the information is considered confidential.

Remi is a musician who is involved with a charitable organization that helps to fight poverty.In addition to a wide variety of other activities, the charity puts on performances at schools to teach youngsters about poverty.Remi recently heard an anti-poverty song on the radio that he began incorporating into his performances.The song was such a hit that he began incorporating it into his commercial performances at local bars and music halls.At no point has Remi sought any permission to perform the song.The copyright holder recently saw one of Remi's performances on MuchoMusico and has decided to take action.Which of the following is most accurate?

Avi is a remarkably creative person.He works in several different media, meaning that his creations take different forms-sometimes written, sometimes sung, sometimes sketched, and so on.Avi recently became party to a transaction that involved an advance of royalties.This most likely means that

Distinguishing guises cannot be registered as they can only be protected through the common law tort of passing-off.

Softwear Inc is a company that develops "smart clothes"-clothes that change in temperature depending on a number of factors such as the weather and the amount of activity the wearer is engaging in.Although Softwear owns several patents from which it generates much of its revenue, it is constantly developing new products.Recently, due to a downturn in the economy, Softwear has had to lay off many of its workers.Its executives are worried about disgruntled workers using the knowledge they have of products still in development at Softwear to obtain jobs with Softwear's competitors.Suggest an avenue that Softwear may wish to pursue in order to protect its information-based assets.

The capital letter D inside of a circle signifies that a product is

Silken Inc manufactures a wide range of bath products.Its best-selling item is the 1 litre bottle of "Silky Soak" water softener.A large part of the reason for that success is the distinctive and easily recognized bottle in which "Silky Soak" has been sold for many years.Silken Inc recently applied to protect the rights that are connected with the appearance of the "Silky Soak" bottle.That application was, however, rejected.Which of the following is not a good reason to reject the application.

James owns a software development company.He toils day-in and day-out to develop new ideas.For James, the laws of intellectual property are useful because

CobeCola develops a line of sugar-free colas and plans to market it towards people on diets and people who are worried about tooth decay.Which of the following best illustrates a certification mark that may appear on its can?

Explain why fixation is an essential element of any copyright claim.Should the originality requirement be sufficient? In Gould Estate v Stoddart Publishing Co, a journalist named Jock Carroll visited with Glenn Gould, who was soon to become a world famous pianist, but at that point was still a largely unknown artist.As the pair chatted about a range of topics, Carroll snapped 400 pictures, tape recorded some discussions, and wrote notes for others.After Gould's death many years later, Carroll published a book containing photographs and quotations from the time that the pair spent together.Gould's estate sued Carroll for breach of copyright.The court rejected that claim on the ground that the copyright owner was actually the person taking the notes, and not the person who was being quoted.Do you think this is a fair way to allocate copyright?

Which of the following definitions is not correct?

Which of the following would constitute a breach of copyright when carried out without permission from the copyright owner?

Under Canadian law, which of the following statements is TRUE?

In Canada, when does a work generally become part of the public domain?

Siesta Inc owns and operates a chain of Mexican-food restaurants across Canada.The restaurants have become wildly popular, largely because each restaurant is carefully designed and decorated to evoke an authentic Mexican feel.The company is, however, worried that competitors may begin to emerge and draw away customers.Siesta Inc therefore wants to protect itself as much as possible under trademark laws.Which of the following statements is TRUE?

Knock-offs and trademark depreciations are two examples of trademark infringement.How do the two differ? Provide an example of each.

A government official has appointed you to a committee that is responsible for suggesting improvements to the government's own intellectual property legislation.Which of the following statements is TRUE?

Explain the meaning of the following statement: "Industrial designs cannot be registered for designs that are purely functional in nature." Using a running shoe as an example, describe an element that can be registered as an industrial design and an element that cannot.

Only works produced by Canadians, or in Canada, are protected by Canadian copyright law.