Question 1

What is real property?

Accepted Answer

Real property includ

Question 2

Paul and Robert designed a new disc holder that they wanted to introduce to a large market.They decided that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any computer.After playing with some symbols,they decided to use a slight variation of Apple Computer Ltd.'s symbol of an apple because it was pleasing to the eye and well-known.Which of the following is true?

Accepted Answer

A)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert were exactly like its symbol. 
B)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffered a loss because of this unauthorized use of its symbol. 
C)  It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others. 
D)  If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages. 
E)  Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence. 
A)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert were exactly like its symbol. 
B)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffered a loss because of this unauthorized use of its symbol. 
C)  It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others. 
D)  If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages. 
E)  Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.

Question 3

Contrast patent and copyright protection.In your discussion,consider the differences in the nature of the protection,the kind of things protected,the effectiveness of the protection granted,and the objectives of the legislation.

Accepted Answer

The main difference between copyright pr

Question 4

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

Accepted Answer

A)  Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark. 
B)  Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public. 
C)  Before a trademark owner can sue successfully for an infringement, she must prove that the mark used by the defendant was the same as her mark. 
D)  The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares. 
E)  If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against her. 
A)  Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark. 
B)  Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public. 
C)  Before a trademark owner can sue successfully for an infringement, she must prove that the mark used by the defendant was the same as her mark. 
D)  The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares. 
E)  If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against her.

Question 5

What is the main difference in the effect of a registration of a certificate under a "certificate of title" jurisdiction such as British Columbia as compared to a normal registration system in other parts of Canada?

Accepted Answer

In the normal registration system,the re

Question 6

If I grant my grandmother a life estate and she asks about her rights and duties as a life tenant,which of the following is true?

Accepted Answer

A)  The life tenant can transfer the fee simple to someone in her will. 
B)  The life tenant is not responsible for making repairs to keep the property in good condition; only the fee simple owner has that responsibility. 
C)  The life tenant cannot rent out the property during the life tenancy. 
D)  If I make no indication of who the property is to go to when she dies, the property reverts back to my estate. 
E)  After 20 years, the life tenant can establish an easement interest in the property. 
A)  The life tenant can transfer the fee simple to someone in her will. 
B)  The life tenant is not responsible for making repairs to keep the property in good condition; only the fee simple owner has that responsibility. 
C)  The life tenant cannot rent out the property during the life tenancy. 
D)  If I make no indication of who the property is to go to when she dies, the property reverts back to my estate. 
E)  After 20 years, the life tenant can establish an easement interest in the property.

Question 7

Walt Disney Productions v.Triple Five Corp.involved a passing-off action related to use of the word "Fantasyland." According to this case,which of the following is true about the law of passing-off?

Accepted Answer

A)  The law of passing off requires some proof of actual confusion. 
B)  The law of passing off is founded in contract law. 
C)  The law of passing off does not require proof of any intent to deceive or misrepresent. 
D)  In a passing-off action, the onus is on the defendant to prove that no damage was caused. 
E)  In a passing-off action, proof of trade-mark registration must be established. 
A)  The law of passing off requires some proof of actual confusion. 
B)  The law of passing off is founded in contract law. 
C)  The law of passing off does not require proof of any intent to deceive or misrepresent. 
D)  In a passing-off action, the onus is on the defendant to prove that no damage was caused. 
E)  In a passing-off action, proof of trade-mark registration must be established.

Question 8

What qualifications must be met in order for something to be patentable?

Accepted Answer

It must be new,not a

Question 9

Tom,a classmate of yours at Red River,was employed as a programmer by Mohawk Oil Company about three months after graduation.Because you could understand the program he was working on and because you write well,he called to ask if you wanted to take on the task of writing the manual to accompany the program.Read each of the following separately and indicate which is true.

Accepted Answer

A)  The issue of who owns copyright in the manual depends solely on who writes it. 
B)  If two persons wrote the manual together, only one person can have ownership of the copyright. 
C)  If the company hires you as an employee to write the manual, the company would own copyright unless your employment contract provided otherwise. 
D)  If you contract as an independent contractor (independent consultant) with the company, and the contract does not specify otherwise, the company owns the copyright. 
E)  The owner of the copyright will be whoever first gets his claim of ownership in the copyright office. 
A)  The issue of who owns copyright in the manual depends solely on who writes it. 
B)  If two persons wrote the manual together, only one person can have ownership of the copyright. 
C)  If the company hires you as an employee to write the manual, the company would own copyright unless your employment contract provided otherwise. 
D)  If you contract as an independent contractor (independent consultant) with the company, and the contract does not specify otherwise, the company owns the copyright. 
E)  The owner of the copyright will be whoever first gets his claim of ownership in the copyright office.

Question 10

When people have a tenancy in common and one of them dies,the deceased person's share in the property goes to the survivor.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is not a remedy for a copyright infringement?

Accepted Answer

A)  interlocutory injunction 
B)  Anton Piller order 
C)  permanent injunction 
D)  certiorari 
E)  damages 
A)  interlocutory injunction 
B)  Anton Piller order 
C)  permanent injunction 
D)  certiorari 
E)  damages

Question 12

Which of the following is true with regard to the Canadian Copyright Act?

Accepted Answer

A)  The statute is a provincial statute with each province having its own unique statutes. 
B)  The statute expressly provides that computer programs are not copyrightable. 
C)  The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: © year of creation, name of creator. 
D)  The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. 
E)  Copyright is protected both by statute and in common law. 
A)  The statute is a provincial statute with each province having its own unique statutes. 
B)  The statute expressly provides that computer programs are not copyrightable. 
C)  The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: © year of creation, name of creator. 
D)  The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. 
E)  Copyright is protected both by statute and in common law.

Question 13

Ownership of a copyright can be sold.

Accepted Answer

A) True 
 B)False

Question 14

A "periodic tenancy" means

Accepted Answer

A)  a term lease. 
B)  a lease granting the lessee exclusive possession for one year. 
C)  a lease created when a tenant is over-holding after the termination date of his lease without the landlord's permission. 
D)  a lease in which the parties agree to no set termination date but to the rental period being automatically renewed. 
E)  a tenancy created when an owner of property allows a purchaser to take possession before title transfers to him. 
A)  a term lease. 
B)  a lease granting the lessee exclusive possession for one year. 
C)  a lease created when a tenant is over-holding after the termination date of his lease without the landlord's permission. 
D)  a lease in which the parties agree to no set termination date but to the rental period being automatically renewed. 
E)  a tenancy created when an owner of property allows a purchaser to take possession before title transfers to him.

Question 15

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Accepted Answer

There is n

Question 16

Joe wrote a short story that he was extremely proud of,brought it to you,and asked you about how to go about having it copyrighted.What would be your answer?

Accepted Answer

In Canada,the work is automatically copy

Question 17

An agreement for sale includes the right to retake possession if the person buying land fails to pay installments.

Accepted Answer

A) True 
 B)False

Question 18

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

Accepted Answer

The main type of common law protection w

Question 19

Provincial legislation gives the right to copy or reproduce a created work to author or owner and controls infringements.

Accepted Answer

A) True 
 B)False

Question 20

The mere possibility of confusion is sufficient to block a trademark application.

Accepted Answer

A) True 
 B)False

What is real property?

Contrast patent and copyright protection.In your discussion,consider the differences in the nature of the protection,the kind of things protected,the effectiveness of the protection granted,and the objectives of the legislation.

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

What is the main difference in the effect of a registration of a certificate under a "certificate of title" jurisdiction such as British Columbia as compared to a normal registration system in other parts of Canada?

If I grant my grandmother a life estate and she asks about her rights and duties as a life tenant,which of the following is true?

Walt Disney Productions v.Triple Five Corp.involved a passing-off action related to use of the word "Fantasyland." According to this case,which of the following is true about the law of passing-off?

What qualifications must be met in order for something to be patentable?

When people have a tenancy in common and one of them dies,the deceased person's share in the property goes to the survivor.

Which of the following is not a remedy for a copyright infringement?

Which of the following is true with regard to the Canadian Copyright Act?

Ownership of a copyright can be sold.

A "periodic tenancy" means

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Joe wrote a short story that he was extremely proud of,brought it to you,and asked you about how to go about having it copyrighted.What would be your answer?

An agreement for sale includes the right to retake possession if the person buying land fails to pay installments.

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

Provincial legislation gives the right to copy or reproduce a created work to author or owner and controls infringements.

The mere possibility of confusion is sufficient to block a trademark application.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 13: Real, Personal, and Intellectual Property

What is real property?

Contrast patent and copyright protection.In your discussion,consider the differences in the nature of the protection,the kind of things protected,the effectiveness of the protection granted,and the objectives of the legislation.

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

What is the main difference in the effect of a registration of a certificate under a "certificate of title" jurisdiction such as British Columbia as compared to a normal registration system in other parts of Canada?

If I grant my grandmother a life estate and she asks about her rights and duties as a life tenant,which of the following is true?

Walt Disney Productions v.Triple Five Corp.involved a passing-off action related to use of the word "Fantasyland." According to this case,which of the following is true about the law of passing-off?

What qualifications must be met in order for something to be patentable?

When people have a tenancy in common and one of them dies,the deceased person's share in the property goes to the survivor.

Which of the following is not a remedy for a copyright infringement?

Which of the following is true with regard to the Canadian Copyright Act?

Ownership of a copyright can be sold.

A "periodic tenancy" means

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Joe wrote a short story that he was extremely proud of,brought it to you,and asked you about how to go about having it copyrighted.What would be your answer?

An agreement for sale includes the right to retake possession if the person buying land fails to pay installments.

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

Provincial legislation gives the right to copy or reproduce a created work to author or owner and controls infringements.

The mere possibility of confusion is sufficient to block a trademark application.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters