Question 1

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,he must prove that the mark used by the defendant was the same as his 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 him. 
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,he must prove that the mark used by the defendant was the same as his 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 him.

Question 2

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

Accepted Answer

A) True 
 B)False

Question 3

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?

Accepted Answer

A) Sally owes no fiduciary duty to Chad even though she had a trusted position as an employee. 
B) Chad could sue Sally for breach of her employment contract,not only on the clause relating to the term of her employment,but also on the non-disclosure clause. 
C) Chad could sue Adolph for the tort of passing-off. 
D) The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition. 
E) Chad could sue Sally for disclosing the information only if he had signed a non-disclosure clause. 
A) Sally owes no fiduciary duty to Chad even though she had a trusted position as an employee. 
B) Chad could sue Sally for breach of her employment contract,not only on the clause relating to the term of her employment,but also on the non-disclosure clause. 
C) Chad could sue Adolph for the tort of passing-off. 
D) The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition. 
E) Chad could sue Sally for disclosing the information only if he had signed a non-disclosure clause.

Question 4

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

Accepted Answer

A) True 
 B)False

Question 5

What period of protection is granted under industrial design legislation?

Accepted Answer

The answer of What period of protection is granted under...

Question 6

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.

Accepted Answer

A) True 
 B)False

Question 7

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence,the owner could get a court order to allow him to search and seize the evidence.Which of the following is such an order?

Accepted Answer

A) Interlocutory injunction 
B) Execution order 
C) Anton Piller order 
D) Order for an accounting 
E) Order for specific performance 
A) Interlocutory injunction 
B) Execution order 
C) Anton Piller order 
D) Order for an accounting 
E) Order for specific performance

Question 8

Which of the following is the correct definition of a chattel?

Accepted Answer

A) A chattel is a name used to describe the land registration system in place in the Western provinces. 
B) Chattel is an intangible form of personal property,such as a debt or claim. 
C) Chattel refers to intellectual property such as patents and copyrights. 
D) Chattel is the term used to describe tangible personal property or movables. 
E) The term chattel is a broad term used to describe any kind of property interest. 
A) A chattel is a name used to describe the land registration system in place in the Western provinces. 
B) Chattel is an intangible form of personal property,such as a debt or claim. 
C) Chattel refers to intellectual property such as patents and copyrights. 
D) Chattel is the term used to describe tangible personal property or movables. 
E) The term chattel is a broad term used to describe any kind of property interest.

Question 9

Which of the following is true with regard to the law of trade secrets/breach of confidence?

Accepted Answer

A) Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
B) Trade secret law is governed by a provincial statute. 
C) While an employee is prohibited from disclosing confidential information he has learned on the job,he can use the general skills he has acquired on that job when he changes employment. 
D) The court cannot award punitive damages,just compensatory damages,for breach of confidence. 
E) The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting,e.g.,stealing a company's customer list,plans,etc. 
A) Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
B) Trade secret law is governed by a provincial statute. 
C) While an employee is prohibited from disclosing confidential information he has learned on the job,he can use the general skills he has acquired on that job when he changes employment. 
D) The court cannot award punitive damages,just compensatory damages,for breach of confidence. 
E) The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting,e.g.,stealing a company's customer list,plans,etc.

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

What protection is given under trademark legislation?

Accepted Answer

It prevents others from using

Question 12

In order to obtain a remedy for the disclosure of confidential information or a trade secret,what must the plaintiff show?

Accepted Answer

A) That the employee intended to harm the employer 
B) That there was a non-disclosure agreement 
C) That the disclosure of information has caused harm 
D) That the employee profited from the disclosure 
E) That the information was not personal 
A) That the employee intended to harm the employer 
B) That there was a non-disclosure agreement 
C) That the disclosure of information has caused harm 
D) That the employee profited from the disclosure 
E) That the information was not personal

Question 13

Explain what rights a copyright holder has in relationship to the work.

Accepted Answer

The copyright holder has the r

Question 14

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 15

Explain what is meant by an ex parte procedure and give an example.

Accepted Answer

The Anton Piller Order or an i

Question 16

Distinguish between copyright and patent.

Accepted Answer

Copyright law prevents completed works l

Question 17

Which of the following is true with regard to the law governing patents?

Accepted Answer

A) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. 
B) Computer programs,as a general rule,can be patented as well as copyrighted,because they are a set of instructions to a computer. 
C) If a patent is developed by an employee,the employee has the right to obtain the patent. 
D) In exchange for the monopoly given under the Patent Act,the owner of the patent must disclose the invention in its entirety. 
E) An amendment to the Patent Act allows patent protection automatically. 
A) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. 
B) Computer programs,as a general rule,can be patented as well as copyrighted,because they are a set of instructions to a computer. 
C) If a patent is developed by an employee,the employee has the right to obtain the patent. 
D) In exchange for the monopoly given under the Patent Act,the owner of the patent must disclose the invention in its entirety. 
E) An amendment to the Patent Act allows patent protection automatically.

Question 18

Give three examples of matters covered by copyright legislation.

Accepted Answer

Literary works such as books,computer pr

Question 19

Indicate three things that cannot be patented.

Accepted Answer

Theories,obvious improvements,

Question 20

In Canada,the Federal Court of Appeal recently allowed for a patent of methods of carrying on business,but business method patents have been available in the United States for some time.

Accepted Answer

A) True 
 B)False

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

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

What period of protection is granted under industrial design legislation?

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.

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence,the owner could get a court order to allow him to search and seize the evidence.Which of the following is such an order?

Which of the following is the correct definition of a chattel?

Which of the following is true with regard to the law of trade secrets/breach of confidence?

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

What protection is given under trademark legislation?

In order to obtain a remedy for the disclosure of confidential information or a trade secret,what must the plaintiff show?

Explain what rights a copyright holder has in relationship to the work.

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

Explain what is meant by an ex parte procedure and give an example.

Distinguish between copyright and patent.

Which of the following is true with regard to the law governing patents?

Give three examples of matters covered by copyright legislation.

Indicate three things that cannot be patented.

In Canada,the Federal Court of Appeal recently allowed for a patent of methods of carrying on business,but business method patents have been available in the United States for some time.

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

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

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

What period of protection is granted under industrial design legislation?

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.

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence,the owner could get a court order to allow him to search and seize the evidence.Which of the following is such an order?

Which of the following is the correct definition of a chattel?

Which of the following is true with regard to the law of trade secrets/breach of confidence?

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

What protection is given under trademark legislation?

In order to obtain a remedy for the disclosure of confidential information or a trade secret,what must the plaintiff show?

Explain what rights a copyright holder has in relationship to the work.

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

Explain what is meant by an ex parte procedure and give an example.

Distinguish between copyright and patent.

Which of the following is true with regard to the law governing patents?

Give three examples of matters covered by copyright legislation.

Indicate three things that cannot be patented.

In Canada,the Federal Court of Appeal recently allowed for a patent of methods of carrying on business,but business method patents have been available in the United States for some time.

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