Question 1

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

Accepted Answer

Statutory damages, e

Question 2

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

Accepted Answer

A)  Damages - court order that profits made from wrongdoing be paid over to the victim 
B)  Permanent injunction - court order prohibiting offending conduct 
C)  Enhanced injunction - monetary compensation to the the victim 
D)  Statutory damages - damages in excess of the plaintiff's actual losses intended to punish 
E)  Punitive damages - court order to refrain from future infringements 
A)  Damages - court order that profits made from wrongdoing be paid over to the victim 
B)  Permanent injunction - court order prohibiting offending conduct 
C)  Enhanced injunction - monetary compensation to the the victim 
D)  Statutory damages - damages in excess of the plaintiff's actual losses intended to punish 
E)  Punitive damages - court order to refrain from future infringements

Question 3

If Niles and Frasier buy a "fee simple" interest, which of the following is true with regard to their rights?

Accepted Answer

A)  The maxim "to whomsoever the soil belongs, he owns also to the sky" remains unchanged and is as valid today as ever. 
B)  You can sue an airplane for trespass for flying at 30,000 feet over your property. 
C)  Today a person's right to the area above his land is restricted to that part of it he can make use of. 
D)  In law, they are entitled only to the surface of the earth within the boundaries. 
E)  They have rights to the area under their land, including the mineral rights. 
A)  The maxim "to whomsoever the soil belongs, he owns also to the sky" remains unchanged and is as valid today as ever. 
B)  You can sue an airplane for trespass for flying at 30,000 feet over your property. 
C)  Today a person's right to the area above his land is restricted to that part of it he can make use of. 
D)  In law, they are entitled only to the surface of the earth within the boundaries. 
E)  They have rights to the area under their land, including the mineral rights.

Question 4

Indicate three things that cannot be used as a trademark.

Accepted Answer

A sound or colour by itself; something o

Question 5

The bailee is not liable for damage done to goods while in his/her possession.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

He has moral rights in relatio

Question 7

How long is the protection given under the Copyright Act?

Accepted Answer

The life o

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Ownership of a copyright can be sold.

Accepted Answer

A) True 
 B)False

Question 10

Distinguish between a bailment for value and a gratuitous bailment.

Accepted Answer

Bailment for value involves some sort of

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

Distinguish between real and personal property.

Accepted Answer

Real property is land and thin

Question 13

What's 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 r

Question 14

What is an Anton Piller order?

Accepted Answer

This is a court order whereby

Question 15

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

Question 16

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

Question 17

Distinguish between a trademark action and a passing off action.

Accepted Answer

Even where there is no registered tradem

Question 18

A husband and wife own Lot A as joint tenants and Lot B as tenants-in-common. The husband's will reads: "I leave Lot A to my son John and Lot B to my daughter Mary." Who takes what when the husband dies?

Accepted Answer

A)  Mary will get her father's interest in Lot B, but John will get no interest in Lot A. 
B)  The son, John, gets Lot A and daughter Mary gets Lot B, just as their father wished and designated in his will. 
C)  Mary will get all of Lot B but John will not get Lot A because it was co-owned with the mother in joint-tenancy, so the mother takes Lot A as the surviving joint tenant. 
D)  Mary will get her father's interest in Lot B, but John will only get a life tenancy in Lot A. 
E)  John will get Lot A but Mary will not get Lot B because it was co-owned with the mother as tenants-in-common, so the mother takes Lot B as the other tenant-in-common. 
A)  Mary will get her father's interest in Lot B, but John will get no interest in Lot A. 
B)  The son, John, gets Lot A and daughter Mary gets Lot B, just as their father wished and designated in his will. 
C)  Mary will get all of Lot B but John will not get Lot A because it was co-owned with the mother in joint-tenancy, so the mother takes Lot A as the surviving joint tenant. 
D)  Mary will get her father's interest in Lot B, but John will only get a life tenancy in Lot A. 
E)  John will get Lot A but Mary will not get Lot B because it was co-owned with the mother as tenants-in-common, so the mother takes Lot B as the other tenant-in-common.

Question 19

In a three-year commercial lease, the tenant must give the landlord two months notice upon leaving.

Accepted Answer

A) True 
 B)False

Question 20

A subsidiary contract creating an obligation to hold an offer open for acceptance until the expiration of a specified time is known as ________.

Accepted Answer

The answer of A subsidiary contract creating an obligation to...

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

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

If Niles and Frasier buy a "fee simple" interest, which of the following is true with regard to their rights?

Indicate three things that cannot be used as a trademark.

The bailee is not liable for damage done to goods while in his/her possession.

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

How long is the protection given under the Copyright Act?

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

Ownership of a copyright can be sold.

Distinguish between a bailment for value and a gratuitous bailment.

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

Distinguish between real and personal property.

What's 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?

What is an Anton Piller order?

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?

Distinguish between a trademark action and a passing off action.

A husband and wife own Lot A as joint tenants and Lot B as tenants-in-common. The husband's will reads: "I leave Lot A to my son John and Lot B to my daughter Mary." Who takes what when the husband dies?

In a three-year commercial lease, the tenant must give the landlord two months notice upon leaving.

A subsidiary contract creating an obligation to hold an offer open for acceptance until the expiration of a specified time is known as ________.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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

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Exam 13: Real, Personal and Intellectual Property

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

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

If Niles and Frasier buy a "fee simple" interest, which of the following is true with regard to their rights?

Indicate three things that cannot be used as a trademark.

The bailee is not liable for damage done to goods while in his/her possession.

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

How long is the protection given under the Copyright Act?

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

Ownership of a copyright can be sold.

Distinguish between a bailment for value and a gratuitous bailment.

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

Distinguish between real and personal property.

What's 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?

What is an Anton Piller order?

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?

Distinguish between a trademark action and a passing off action.

A husband and wife own Lot A as joint tenants and Lot B as tenants-in-common. The husband's will reads: "I leave Lot A to my son John and Lot B to my daughter Mary." Who takes what when the husband dies?

In a three-year commercial lease, the tenant must give the landlord two months notice upon leaving.

A subsidiary contract creating an obligation to hold an offer open for acceptance until the expiration of a specified time is known as ________.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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