Exam 17: Intellectual Property

Which of the following statements about an episode of This Hour has 22 Minutes best reflects Canadian copyright law?

Intellectual property law aims to balance the rights of creators against the public interest.Which of the following statements best exemplifies a benefit to the public interest?

A Canadian inventor has up to 12 months to file a patent application in another Paris Convention member state in order to gain protection in that country.

Novelty is one of the criteria for copyright protection.

The Enerstretch is an exercise device whose trademark has been registered, although the device itself has not been patented.Sales had been going well, until the Enerstretcher came along.A cheaper copy of the Enerstretch, the Enerstretcher is made with less resilient springs.As a result, the Enerstretcher was prone to snap, injuring its user.The media ran several stories about the victims, and as a result of the bad press, the makers of the Enerstretcher pulled their products off the market.Because of the bad press, the makers of the Enerstretch quickly saw their sales drop as well.You are a risk manager for Enerstretch.Does your company have a case? If so, what kind of remedies can they avail themselves of? Support your answer.

BrainFood is a brand used to promote a concoction of natural ingredients sold in natural health stores as a supplement to help with memory retention.Recently, MindFood has come onto the market and has begun selling supplements that, although composed of different ingredients, are also meant to help with memory loss.The packaging is similar, and the two products are sold in the same stores.Customers are often confused as to which product is which is made by which company.Which of the following is most likely to be TRUE?

Which of the following is TRUE of a breach of confidence?

A-Plus Health has come up with a previously undiscovered method of bonding skin back together after it has been cut.The new method allows doctors to use a series of tape-like strips that serve to pull the skin together and hold it in place.An ordinary tape is used and the novelty is the method of cutting and applying the tape.The benefit to the invention of this new method of medical treatment, is that by using the tape, stitches are no longer necessary.Although the company cares about people's health, it also cares about its bottom line.It knows that if everyone discovers how the tape works, anyone would be able to manufacture this medical treatment.Which of the following is TRUE?

Rory Parisien has invented a mesh screen to keep bugs out of his cottage in the summer.Being a good steward of the environment, Rory had the unique idea of making the mesh biodegradable, so that when he replaces the mesh, he can just throw it away without harming the pristine environment around his cottage.There is, however, a problem with the mesh in that it biodegrades too easily.After a rainstorm or two, the mesh begins to disintegrate.Moreover, secretions from various bugs can have the same effect.Rory submits a patent for the biodegradable mesh screen designed to keep out bugs.Which of the following assessments is most accurate of his application?

A certification mark is similar to an industrial design, in that both refer to industry standards.

In Canada, trademark protection is afforded only to registered trademarks.

Which of the following statements is TRUE with respect to registration of intellectual property rights?

Jaime has been hired as a screenplay writer by a television production company.Although he is a very creative individual, Jaime has recently started suffering from writer's block.In order to unblock himself, Jaime picked up a collection of Shakespeare's works and began combing it for ideas.He finally drafted a screenplay about a young couple from feuding families whose love, though strong, ends in tragedy.Which of the following is TRUE of Jaime with respect to the authorship requirements of copyright law?

For an invention to be considered non-obvious, the general public must not have been able to come to the solution directly and without difficulty.

Hector Journale is the publisher of a major national newspaper.Following a string of political scandals, Hector comes up with an excellent idea for a weeklong series of articles on the moral shortcomings of politicians before they entered politics.Hector is worried that if his competitor, Linda Laprinte, catches wind of the series, she will scoop him.In order to protect his idea, Hector could do which of the following?

Which of the following is an example of a registrable industrial design?

Stealth Inc designs and manufactures a variety of products.Some of those products are marketed to ordinary consumers, while others are marketed toward governments.Stealth Inc is also aware, however, that its products often end up in the hands of criminals and terrorists.Which of the following statements is TRUE?

A patent can be rejected for public policy reasons, even if all the patent criteria are met.

Which of the following is most closely associated with the notion of moral rights?

Explain what is meant by the following statement: "Intellectual property law is a set of rules that aims to balance the rights of a creator against the public interest."