Exam 13: Real, Personal and Intellectual Property

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In an article about the patents held by the Research Services Office at the University of British Columbia, 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?

(Multiple Choice)
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A finder has no obligation to return found goods to the proper owner.

(True/False)
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A periodic tenancy refers to a lease in which the parties agree to no set termination date but to the rental period being automatically renewed.

(True/False)
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In which of the following does a person have a true lease?

(Multiple Choice)
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What is an interlocutory injunction?

(Essay)
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Joe verbally agreed with his landlord to a two-year lease for an apartment, and then only five months later, the property was sold to somebody else. The new owners immediately gave him three months to vacate the premises. Explain his legal rights under these circumstances.

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

(Short Answer)
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A remainderman is a third party with the right to the remainder of the fee simple after the death of life tenant.

(True/False)
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Term lease describes a period-to-period rental.

(True/False)
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An agreement for sale includes the right to retake possession if the person buying land fails to pay installments.

(True/False)
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A right of way is an example of an estate in land since it gives the holder of it the right to go across the land.

(True/False)
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Which of the following is not a remedy for a copyright infringement?

(Multiple Choice)
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Cadbury Schweppes Inc. v. FBI Foods Ltd. involved an action for breach of confidential information, where the information in question was a drink recipe. Which of the following statements is false?

(Multiple Choice)
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Old Uncle Isaac has a cold and has become very morbid, talking continuously about funerals, death, and wills. Now he asks about life-estates and wills; should he give wife Juliet a life estate? Which of the following is a true statement about wills and life-estates?

(Multiple Choice)
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Indicate four remedies that may be available to the victim of the breach of copyright.

(Essay)
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When a person acquires temporary possession of a chattel by arrangement with the owner, it is known as which of the following?

(Multiple Choice)
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Mr. and Mrs. Dunn were divorced and Mr. Dunn applied for a division of the matrimonial home in which they were joint tenants. Mr. Dunn died before the matter was settled. In Dunn Estate v. Dunn, the issue was whether the home was part of Mr. Dunn's estate, or whether it passed by survivorship to Mrs. Dunn. What did the Court find?

(Multiple Choice)
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What is meant by a reversionary interest in a life estate?

(Essay)
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Marian met with the owner of a warehouse and contracted for factory space for a two-year term. The amount to be paid ($2,400 yearly) and the premises were made clear, but nothing else was discussed. The law, however, implies some terms. Which of the following is a term of the contract?

(Multiple Choice)
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Which of the following is not considered personal property in legal terms?

(Multiple Choice)
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