Exam 18: Intellectual Property

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

T-Bone Steak,a Canadian pop act,just finished writing a new song.The band does not need to register their copyright ownership in order to protect their copyright.

Exclusive possession can be distinguished from non-rivalrous possession in that exclusively possessed assets

Marika spends her days in the lab trying to create new and useful inventions.She would like to protect her monopoly over her inventions but only has time to submit one patent application at this time.She would like your advice on which of her following creations is the most likely to be granted a patent in Canada?

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?

Unbundling copyright means breaking the copyright down into several discrete rights.

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.

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?

A distinguishing guise

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 group of engineering students set themselves the task of creating a motor powerful enough to run a car using solar power rather than gasoline.Two years into the project the students managed to create a prototype vehicle that was functional and environmentally friendly.The media was called,and several newspapers ran stories about the students,and how the students were going to try to sell their idea to a car manufacturer.Soon after,the students received a letter from an oil company informing them that it already owned the patent for the solar motor and that the students' motor,if sold,would be infringing the oil company's patent.Is the oil company correct? It turns out that the oil company held the patent but was not marketing it for fear of losing profits on its oil sales.What does this situation say about how patent law balances private rights with the public good?

Carlos,a baseball fanatic,has spent most of his adult life in a workshop,trying to invent a better baseball bat.Finally,after having spent many years and most of his savings,Carlos succeeded in creating a bat out of an aluminum alloy that results in sending the baseball further than if the ball was hit with a standard bat.Ecstatic,Carlos decides to hire a patent agent to help him secure a patent.But he contacts you for advice about his options for exploiting his patent,and to discuss the risks and benefits of each potential avenue.

While visiting his parents in Toronto,Egon went to a see a local band at a bar.He purchased the compact disk they had for sale,and took it back to his hometown in Victoria,BC.Once there,Egon made copies of the compact disk onto tapes and sold them at his record store for $5 each.Which of the following is TRUE?

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

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?

Louisa is a lemonade manufacturer in Ottawa.Since 1985,she has marketed her juice under the trademark FreshSqueeze.Late last year,a less expensive lemonade began appearing in grocery stores bearing a remarkably similar label.When examined closely,the label for the new lemonade actually says Fresh-n-Squeeze,but the 'n' is so small that it is hardly noticeable.The rest of the label,including colours and fonts,appears to be nearly identical.Louisa is upset because her lemonade sales have fallen drastically since it appeared on the shelves.Louisa decides to sue for passing-off.If Louisa is successful,what remedy is not available to her?

Roula,a law professor,recently read a fascinating article about online privacy in Canadian Science and Technology Weekly,a Canadian magazine.She was so impressed with the article that she clipped it for future reference.Later in the term,a scandal erupted at the university when it was discovered that professors' emails were being surveilled.Incensed,Roula photocopied the article and slipped a copy of it under every professor's door in the faculty.There are 50 professors in the faculty.Which of the following is most likely TRUE?

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

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