Exam 13: Real, Personal, and Intellectual Property

In Canada,software is protected primarily under copyright law,although there are situations in which patent law will apply to software embedded in a particular invention.

In Harvard College v.Canada (Commissioner of Patents),Harvard sought protection for a genetically altered mouse.What was the result given the decision of the Supreme Court of Canada?

Discuss the idea of the duty of confidentiality that an employee owes to the employer.Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

Which of the following is false with regard to the law of landlord and tenant,lessor and lessee?

What is a chattel?

Which of the following is correct with respect to trade secrets?

Which of the following is true with respect to the application of intellectual property law to the internet?

Explain what is meant by a landlord's obligation to provide "quiet enjoyment."

Joe borrowed his neighbour Sam's lawn mower,and at the same time Sam asked Joe to look after a valuable camera for him while he was on vacation.Explain in relation to which of these items Joe has a higher duty to be careful.

Discuss,in the context of commercial tenancies,what a business person ought to do to reduce his or her risk.

Explain the concept of "delivery up."

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine.Which of the following is true?

An option agreement is

Distinguish between a tenancy in common and a joint tenancy.

Explain how a patent is obtained.

When the author assigns his copyright to a purchaser,what rights does he still have in relation to the work?

Zack,Virgil,and Craig,friends for several years and all worried about the alarming rise in land prices,want to go in together and buy a four-acre parcel in the country.There is a small cabin on it.They hope that the land value will appreciate,and they want to sell it in a few years to help finance a house of their own.Read each of the following separately and indicate which is true with regard to their ownership of this property.

In an article about the patents held by the Research Services Office at the University,it was written that none of the patents were there because someone set out to invent something new."If we knew what it was that creates innovation,we would all be millionaires ...it's chance,brilliance,an offhand remark ...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention?

What is meant by a "reversionary interest" in a life estate?

Jurg was hosting a luncheon when his punchbowl broke.He went next door and asked his neighbour,Ethan,if he could borrow his.Ethan reluctantly agreed,commenting that the punchbowl was a family heirloom.This made Jurg a little nervous.On his way back home,he was wondering what his responsibility would be in relation to the bowl.Which one of the following statements is true?