Exam 13: Real, Personal and Intellectual Property

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?

What is meant by a chattel?

When a person has the right to go across land to get to another location, this is referred to as what?

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

What qualifications must be met in order for something to be patentable?

A computer programmer created a program and put a hard copy of it in his desk. If that program were copied, etched on a chip, embedded in the ROM of a computer, and sold to a mass market, the programmer

What is meant by "relief against forfeiture"?

When one person leaves tangible personal property with another to look after, the resulting relationship is called

As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs, Joe photocopied a short essay on the topic to study at home. The essay proved to be an excellent argument for his side -- namely, that such a crime should be created. Although some of the other articles advanced different arguments he could use, Joe was short of time and just turned in the essay as his own and later used its ideas in the debate. Which of the following is true?

The case of Horn Ventures International Inc. v. Horn Plastics Inc. involved ta lease that required the tenant to leave the premises clean and in good repair. Instead, the defendant removed equipment not included in the agreement and damaged the premises in the process. What was the result?

What rights are conveyed by the granting of a patent?

Paul and Robert designed a new disk holder that they wanted to introduce to a large market. They decided 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 computer. After playing with some symbols, they decided to use a slight variation of Apple Computer Ltd.'s symbol of an apple because it was pleasing to the eye and well-known. Which of the following is true?

Distinguish between real property and other forms of property.

Mr. Bucks owned a 10-hectare property in Langley. He subdivided the land into two 5-hectare lots. He decided to keep lot A for himself and to sell lot B. His friend and neighbour, Ms. Goode, wanted lot B, so they made the following deal: for lot B, Ms. Goode would give Bucks $100,000, her car, a right-of-way of 3 metres along the east side of lot B to provide access to the highway, her promise not to remove any of the cedar trees (a row of which benefits lot A by blocking the view of a factory) and her promise to plant a 5-metre-long laurel hedge to block his view of her driveway. All promises were registered. Which one of the following is true?

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?

Who is responsible for the repair of the premises in a normal rental agreement?

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

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

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, disclosing Harry's Christmas line. What could Harry do under these circumstances?

If a person habitually crosses property over a number of years with permission of the owner, he can, in some provinces, acquire a right to cross that property even though there has been no actual documented grant of such a right. Acquiring such a right is this manner is called