Exam 13: Intellectual Property

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Which of the following is true with regard to copyright law in Canada?

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Identify and discuss the ways in which a business can reduce their risk in relation to intellectual property.

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"In Canada,copyright always resides with the author of the material." Discuss the accuracy of this statement.

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An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

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Ownership of a copyright can be sold.

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Paul and Robert designed a new phone case that they want to introduce to a large market.They decide 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 smartphone.After playing with some symbols,they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known.Which of the following is true?

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Explain how a patent is obtained.

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Which of the following is essential for a work to have copyright protection?

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Explain the concept of an "enhanced injunction."

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

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A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

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Trademarks are to prevent the deception of people who think they are dealing with the company usually associated with the symbol.

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When a trademark is registered,it gives protection for a period of 50 years.

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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.

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Indicate four remedies that may be available to the victim of the breach of copyright.

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Joe worked for Harry's Fine Toys for a period of six years.In September,he left Harry's Fine Toys and went to Sam's Toy Shop,a competitor,and disclosed Harry's Christmas line of toys.What could Harry do under these circumstances?

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A person can obtain copyright protection only when the idea upon which the work is based is original.

(True/False)
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Which of the following is false with regard to trademark?

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It is possible for a trademark name to lose its status through common use.

(True/False)
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Explain the "YouTube exception" in the Copyright Act.

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