Exam 13: Intellectual Property

Three students chose to work on a directed study project for Planned Parenthood Association.The project included the creation of an app for inventory control.The students went to the library to get a book on the topic.The book was in the reserve section,so the students made three copies of the four relevant pages so that they could study them.They used the ideas from the book and created an original app and a manual.Later,when the students were preparing a report for their presentation,they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction.They copied those four pages and used them as their own for the beginning of their twenty page report.At the presentation,seven copies of the report were made (with the code and manual as appendices).On these facts,which of the following is true?

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

A person can only bring a passing-off action where there is no registered trademark involved.

In an article about the patents held by the Research Services Office at the University of Waterloo,it was written that none of the patents were there because someone set out to invent something new."If we knew what it was that creates innovation,we would all be millionaires...it's chance,brilliance,an offhand remark...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention?

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken droppings and old leaves.This fuel also causes no wear on the engine of the car.Homer built a prototype in a workshop in his backyard.Before he seeks publicity,he would like to protect his invention and any business that emerges from the development and sale of his engines.In this regard,which of the following is false?

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?

Distinguish between a trademark action and a passing-off action.

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

Indicate the kinds of things that are covered by trademark legislation.

Joe wanted to start up a restaurant business.He did some research and 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.

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

The Industrial Design Act requires registration,within three years of its publication,of a unique shape,pattern,or ornament.

Pete is an accountant and Judy works in a bank,but every evening of last year they worked to create a clever computer game.When they finished,they had no difficulty in gaining the interest of a publisher.Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales.When the game was published,the advertising was rather vulgar but acceptable to Pete and Judy.They learned,however,that there was a further change - the villain had been changed and clearly represented a world leader of an Asian country.Pete and Judy were embarrassed and outraged.On these facts,which of the following is true?

Moral rights means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

Distinguish between what is protected under patent law compared to copyright law.

Which of the following correctly matches the term to its definition?

A patent gives the exclusive right to produce,market,and sell a new invention.

Which of the following is false with regard to trademark?

When the author assigns his copyright to a purchaser,what rights does he still have in relation to the work?

Discuss the various remedies that are available and their effectiveness when intellectual property such as copyright and patent are interfered with.