Exam 13: Real, Personal, and Intellectual Property

Jack and Joan got married.It was the second marriage for both of them,and each brought one teenaged child into the marriage.They bought a house in Langley as joint tenants.They worked very hard to create a loving home,but when the children had disputes,it always affected the relationship between Jack and Joan because of the loyalty to their own child.Joan now thinks that it was a mistake to buy the house as joint tenants and wants her share in the house to go to her child in the event of her death.Which of the following will bring about such a change?

What is an Anton Piller order?

What is the period of protection associated with patent law?

What three new remedies does the Copyright Act now provide to copyright owners?

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not.Discuss how this has been resolved.

Computer students who watched their teachers go out on strike were amazed when they heard about the difficult logistics required in such an operation.Two students spent two nights and two days developing a program for organizing a strike and picket line.It included such variables as legal requirements,number of sites,number of picketers,communications network,shifts,media contacts,etc.The students called their program "Picket Program." The students took their package-program and manual-to a computer developer/publisher,Mr.Lacs,to discuss the feasibility of marketing the program.Lacs said it was feasible.However,negotiations,which had lasted over a two week period,broke down when Lacs rejected the students' terms in their licensing agreement.Three months later,the students learned that Lacs developed and published a program called "Picketers' Path" based on their ideas,with a manual that they recognized as theirs.Given these facts,which of the following is true?

Joe wanted to start up a restaurant business.After some research,he found out McDonald's had not properly registered its trademark,the golden arches,in his particular area.Joe used a similar pair of arches over his restaurant and started business.Explain any danger he might face.

A right of way can be acquired by prescription when a person's habitual use of land is not interfered with by the owner.

What is a fee simple interest?

Explain when the notice must be given to vary or terminate a periodic tenancy agreement.

Chad was the best private detective in the west.His system for tracking persons who have caused themselves to disappear was markedly superior to that of others.Sally,his only assistant,was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses.Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals.Sally and Chad took care that the discussions were understood to be confidential-regarding both the information from the RCMP and from Chad about his methods.Sally was approached by a competitor of Chad,Mr.Adolph,who offered her three times her salary if she would break her contract with Chad,sign with him,and bring him information about Chad's tracking system.After some months,she did just that.Furthermore,she told Adolph the details of the information given to Chad by the RCMP,which caused the RCMP embarrassment,time,and money.Which of the following is true?

What is the main purpose of patent law?

In Canada,there is no right to patent methods of carrying on business as yet,but business method patents are available in the United States.

Mario bought a small house in Nelson and was puzzled when he saw the conveyancing documents,which referred to a transfer of a "fee simple." The following statements were made to him to explain the term.Which is incorrect?

A distinction between real property and personal property is that the former cannot be moved while the latter can.

Which one the following is true with regard to real-property law?

In order to obtain an interlocutory injunction,what must the plaintiff establish?

In order to successfully sue someone for violation of trademark,what must be established?

Explain what is meant by "chose in action."

Monsanto Canada Inc.developed a strain of canola seed that was resistant to a herbicide that Monsanto produced.Monsanto patented this strain of genetically engineered seed.Schmeiser,a farmer,noticed that some of his crop was resistant to this herbicide.He collected these seeds and replanted them.When it turned out his plants contained the genetically-modified genes,Monsanto sued for patent infringement.In the case of Monsanto Canada Inc.v.Schmeiser,what did the Supreme Court of Canada hold?