Exam 18: Intellectual Property

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?

Thomas recently patented a process for vacuum-packing T-shirts in cellophane.The process is such that the T-shirts are compressed into a tight cube,then sealed.The benefits for this are numerous,since the unique shape of the packaging attracts customers,allows for creative displays,etc.In addition to the patented process,Thomas is wondering if he can maintain exclusivity over other aspects of the shirts.Can trademark law help Thomas? How? Advise Thomas on any steps he ought to consider taking in order to protect himself,should a competitor try to imitate his product.

Amicus is an artist whose sculptures have made him a household name around the world.Recently,he has tried exploring different themes,thinking that his religious sculptures were becoming too common.In a moment of inspiration he had the idea to make a sculpture of 100 doves,symbolizing his hopes for world peace.Upon completion he sold the work to his hometown in Ontario.Years later,and facing budgetary cuts from the provincial government,the city decided to auction the work off,dove by dove.Amicus was furious when he heard the news,stating that the work is a unity and selling it off in pieces ruins its meaning.He has come to you for advice.Brief Amicus on moral rights and how he may be able to benefit from them.

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?

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

Big and Bad Motors has come out with its newest line of SUV.They market the line under the slogan,"Enjoying the countryside has never been so easy®." A group of guerrilla environmentalists,angry about increased exhaust emissions from the SUVs,has started up a billboard campaign with a photo of an SUV in a diseased forest,surrounded by pollution and sick animals.Beneath the photo reads the caption "Destroying the countryside has never been so easy." The owners of Big and Bad Motors decide to take legal action.Which of the following claims is Big and Bad most likely to initiate?

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.

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.

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

Thierry is a successful artist,known across Canada for his marvelous portraits of famous Canadians.His work has been exhibited in the National Gallery,and he is beginning to acquire an international reputation.Recently,Thierry sold one of his paintings to the GuerillaGallery,not realizing that the owners of the GuerillaGallery had nothing but scorn for famous artists,insisting that they have sold out their creativity for the sake of the almighty dollar.The owners promptly took a large black felt marker and added a moustache to the painting's subject and drew an arrow poking through its head.When Thierry discovered the "act of these vandals" and further discovered that these "vandals were actually exhibiting the work," he was incensed.Despite his own disdain for lawyers,Thierry has decided to take legal action.His action ought to take the form of which of the following?