Question 1

What is the main purpose of patent law?

Accepted Answer

To provide the disclosure of the information associated with the invention while protecting the inventor from its use by others.It also can provide a licensing mechanism.

Question 2

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 an app 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 app "Picket Progress." The students took their package - code and manual - to a computer developer/publisher,Mr.Lacs,to discuss the feasibility of marketing the app.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 an app called "Picketers' Path" based on their ideas,with a manual that they recognized as theirs.On these facts,which of the following is true?

Accepted Answer

A) With regard to the app,Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law. 
B) Because there was no non-disclosure agreement signed by Lacs,he cannot be sued for misuse of a trade secret. 
C) The students' manual was not protected by copyright,because they had not yet applied for protection under the Copyright Act. 
D) The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information. 
E) The students cannot protect the app under the law of trade secrets because all the information it contained could be obtained by others,e.g.,the law from the library,the necessities of picketers from observation or unions,etc. 
A) With regard to the app,Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law. 
B) Because there was no non-disclosure agreement signed by Lacs,he cannot be sued for misuse of a trade secret. 
C) The students' manual was not protected by copyright,because they had not yet applied for protection under the Copyright Act. 
D) The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information. 
E) The students cannot protect the app under the law of trade secrets because all the information it contained could be obtained by others,e.g.,the law from the library,the necessities of picketers from observation or unions,etc. D

Question 3

Which of the following is true with regard to trademark?

Accepted Answer

A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
B) Registration of a trademark grants the owner protection for life plus 50 years with the right to renew. 
C) If a person registers a trademark but later fails to use it,protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted. 
D) The distinctive design of a product container cannot be the subject of trademark protection. 
E) Registration under the Trademark Act provides protection for only registered trademarks.Unregistered marks and names are protected under the common law tort of copyright. 
A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
B) Registration of a trademark grants the owner protection for life plus 50 years with the right to renew. 
C) If a person registers a trademark but later fails to use it,protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted. 
D) The distinctive design of a product container cannot be the subject of trademark protection. 
E) Registration under the Trademark Act provides protection for only registered trademarks.Unregistered marks and names are protected under the common law tort of copyright. A

Question 4

How long is protection given under the Copyright Act?

Accepted Answer

The Copyright Act of

Question 5

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Accepted Answer

A) True 
 B)False

Question 6

The effect of an Anton Piller order is to

Accepted Answer

A) stop infringement before trial. 
B) seize material from the suspected wrongdoer. 
C) prohibit the offender from dealing with certain products. 
D) compensate holder of copyright. 
E) require the infringer to pay over any profits. 
A) stop infringement before trial. 
B) seize material from the suspected wrongdoer. 
C) prohibit the offender from dealing with certain products. 
D) compensate holder of copyright. 
E) require the infringer to pay over any profits.

Question 7

Discuss the role of the Copyright Board.

Accepted Answer

This is a general discussion question.St

Question 8

What is an interlocutory injunction?

Accepted Answer

This is an interim injunction

Question 9

"If a Trademark confuses the public it may be an infringement." Discuss what factors the court considers when determining if an infringement has occurred.

Accepted Answer

See Case summary 13.1 - United Airlines,

Question 10

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

Accepted Answer

A) Unless the Patent Act is amended,higher life forms can only be patented under the doctrine of "sound prediction." 
B) The oncomouse was granted patent protection on the basis that it was not the product of the laws of nature. 
C) The oncomouse was granted patent protection on the basis that it was the product of inventiveness. 
D) The oncomouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter. 
E) Unless the Patent Act is amended,higher life forms cannot be patented in Canada. 
A) Unless the Patent Act is amended,higher life forms can only be patented under the doctrine of "sound prediction." 
B) The oncomouse was granted patent protection on the basis that it was not the product of the laws of nature. 
C) The oncomouse was granted patent protection on the basis that it was the product of inventiveness. 
D) The oncomouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter. 
E) Unless the Patent Act is amended,higher life forms cannot be patented in Canada.

Question 11

When is it appropriate for a copyright owner,as plaintiff,to ask the court to cite the defendant for contempt of court? Read each separately.

Accepted Answer

A) When the defendant first infringes the copyright. 
B) When the defendant can't pay the $10,000 awarded by the court for copyright infringement. 
C) When the defendant refuses to stop infringing the plaintiff's copyright even after the court ordered an injunction. 
D) When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. 
E) When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work. 
A) When the defendant first infringes the copyright. 
B) When the defendant can't pay the $10,000 awarded by the court for copyright infringement. 
C) When the defendant refuses to stop infringing the plaintiff's copyright even after the court ordered an injunction. 
D) When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. 
E) When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work.

Question 12

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

Accepted Answer

A) There is no duty not to disclose trade secrets,unless specified in contract. 
B) Trade secrets include such things as formulas,patterns,recipes. 
C) The information must be fully disclosed under the provincial Trade Secrets Act. 
D) The employee need not be informed that the information is confidential. 
E) Personal information cannot be a trade secret,even if it affects the business. 
A) There is no duty not to disclose trade secrets,unless specified in contract. 
B) Trade secrets include such things as formulas,patterns,recipes. 
C) The information must be fully disclosed under the provincial Trade Secrets Act. 
D) The employee need not be informed that the information is confidential. 
E) Personal information cannot be a trade secret,even if it affects the business.

Question 13

What is the period of protection associated with patent law?

Accepted Answer

Twenty years from th

Question 14

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 15

When a Court orders that any profits made from wrongdoing be paid over to the victim,this is known as

Accepted Answer

A) statutory damages. 
B) punitive damages. 
C) an accounting. 
D) compensatory damages. 
E) an injunction. 
A) statutory damages. 
B) punitive damages. 
C) an accounting. 
D) compensatory damages. 
E) an injunction.

Question 16

Under the Copyright Act,what does the remedy of statutory damages entail?

Accepted Answer

It is a remedy enabl

Question 17

As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs,Joe photocopied a short essay on the topic to study at home.The essay proved to be an excellent argument for his side-namely,that such a crime should be created.Although some of the other articles advanced different arguments he could use,Joe was short of time and just turned in the essay as his own and later used its ideas in the debate.Which of the following is true?

Accepted Answer

A) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
B) Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. 
C) There would be an infringement of copyright when Joe used the essay as his own work. 
D) Joe cannot use the essay in any way without infringing copyright. 
E) There can be no infringement of copyright by a student. 
A) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
B) Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. 
C) There would be an infringement of copyright when Joe used the essay as his own work. 
D) Joe cannot use the essay in any way without infringing copyright. 
E) There can be no infringement of copyright by a student.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

It must be new,not a

Question 20

Tom,a classmate of yours at Red River College,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.

What is the main purpose of patent law?

Which of the following is true with regard to trademark?

How long is protection given under the Copyright Act?

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

The effect of an Anton Piller order is to

Discuss the role of the Copyright Board.

What is an interlocutory injunction?

"If a Trademark confuses the public it may be an infringement." Discuss what factors the court considers when determining if an infringement has occurred.

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

When is it appropriate for a copyright owner,as plaintiff,to ask the court to cite the defendant for contempt of court? Read each separately.

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

What is the period of protection associated with patent law?

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?

When a Court orders that any profits made from wrongdoing be paid over to the victim,this is known as

Under the Copyright Act,what does the remedy of statutory damages entail?

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

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

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: The Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence,Professional Liability,and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 13: Intellectual Property

What is the main purpose of patent law?

Which of the following is true with regard to trademark?

How long is protection given under the Copyright Act?

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

The effect of an Anton Piller order is to

Discuss the role of the Copyright Board.

What is an interlocutory injunction?

"If a Trademark confuses the public it may be an infringement." Discuss what factors the court considers when determining if an infringement has occurred.

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

When is it appropriate for a copyright owner,as plaintiff,to ask the court to cite the defendant for contempt of court? Read each separately.

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

What is the period of protection associated with patent law?

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?

When a Court orders that any profits made from wrongdoing be paid over to the victim,this is known as

Under the Copyright Act,what does the remedy of statutory damages entail?

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

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

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: The Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence,Professional Liability,and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters