Deck 18: Intellectual Property

Question 1

Rhafayl Furniture by Design Inc.owns several industrial design patents.Larroyce,Rhafayl's patent lawyer,confirmed the apparent infringement of a number of their patents by a national competitor.Larroyce assured Rhafayl's executive the company will be entitled to claim monetary damages for infringement.Which of the following would most strongly support Larroyce's opinion in this regard?

A) The proper marking of a capitalized "R" is inside a small circle on all its products.
B) Rhafayl's products all bear the registration mark "TM" inside a small circle.
C) Rhafayl's patents are in good standing regarding annual maintenance fees.
D) Proper marking denoting the registration is on all Rhafayl's patented products.

Answer 1

D

Question 2

What is the source of a description of a product's manufacturing process with respect to the patent application process?

A) the Canadian patent office
B) the opinion of the patent agent
C) specifications noted in the application
D) claims sequentially detailed in the application

Answer 2

C

Question 3

Which of the following accurately describes a distinguishing feature of both patent rights and industrial design protection?

A) Both can be owned only by the inventor.
B) Both arise automatically.
C) Neither arises automatically.
D) Neither requires registration for protection.

Answer 3

C

Question 4

Spray Beverages Inc.has applied for protection of the distinctively shaped bottles it uses for its beverages.What type of intellectual property best describes Spray's unique bottles?

A) patent
B) copyright
C) trademark
D) confidential information

Question 5

Which of the following would immediately bar the registration of an industrial design?

A) payment for the application by another
B) novel application of a disclosed design
C) disclosure or use in the previous 15 months
D) established design with novel application

Question 6

Kyrie enjoys a successful freelance career creating advertisement jingles.What category would the intellectual property being created by Kylie would fall into?

A) moral rights
B) copyright
C) trademark
D) confidential information

Question 7

What areas of intellectual property are within the federal government's legislative jurisdiction?

A) industrial designs,trademarks,patents
B) copyrights,trademarks,patents
C) patents,copyrights,industrial designs
D) confidentiality,trademarks,patents

Question 8

Works that qualify as industrial designs may also qualify for protection under the Copyright Act.How do the laws dealing with intellectual property address this overlap?

A) Designs of useful articles produced in quantities exceeding 50 are copyright protected.
B) A mass-produced utilitarian product is protected by the Industrial Design Act.
C) Screen display icons are considered not protectable under the Industrial Design Act.
D) Copyright protects combinations of configuration and ornamentation.

Question 9

Woddington Farms Ltd.has used its name combined with an outline of a rooster on its deli products for the past 20 years but has never registered a trademark.Would Woddington be successful in suing a competitor who attempts to use its name and symbol?

A) no,because its trademark was not registered
B) no,because its name and symbol cannot be the subject of a trademark
C) yes,because an unregistered trademark receives protection under the common law
D) yes,because the name and symbol are confidential information

Question 10

How long does the registration of an industrial design remain effective?

A) indefinitely
B) 5 years
C) 20 years
D) 10 years

Question 11

Which of the following may not be patented for policy reasons?

A) medical or surgical methods of treatment
B) pharmaceuticals
C) compositions of matter
D) a useful form of art

Question 12

Iberia Industries Inc.conducted some market research and discovered that no Canadian manufacturers or retailers were selling clothing made of cork.Why might Iberia be unsuccessful in patenting its idea of manufacturing clothing from cork?

A) because permitting the patenting of clothing material would be contrary to public policy
B) because its idea does not involve an inventive step
C) because cork is a natural product
D) because it cannot show that clothing made of cork would be commercially successful

Question 13

Which of the following distinguishes the evolution in a particular state of the art or knowledge from an inventive step with respect to a patent application?

A) utility
B) obviousness
C) industrial value
D) novelty

Question 14

What circumstances would prevent the originator of an industrial design from making an application to the Industrial Design Office for patent protection?

A) The high degree of ingenuity has not been attained.
B) The originality standard is lower than the standard of inventiveness.
C) The design was ordered and paid for by another.
D) Foreign filing within preceding 12 months has patent priority.

Question 15

With which of the following is the phrase "do what it purports to do" synonymous with respect to intellectual property law?

A) the need to establish utility for patentability
B) the need to establish utility for trademark approval
C) the need for novelty for trademark registration
D) the need for commercial value for patentability

Question 16

Which of the following property would qualify for copyright protection?

A) processes,handbooks,brochures
B) domain name,slogan,painting
C) a whisky name,drawings,promotional brochures
D) business plans,drawings,and written material

Question 17

Which of the following is NOT a form of patentable intellectual property for the purposes of Canadian patent law?

A) forms of life
B) business methods
C) a process for applying herbicide
D) a composition of matter

Question 18

What characteristic distinguishes intellectual property identified as "confidential business information" from other forms of "confidential information"?

A) information of a commercial nature
B) specific statutory provisions
C) a narrow range of information
D) creative incentives and rewards

Question 19

Which of the following strongly supports incurring the expense of having a patent agent search relevant literature for the purposes of establishing novelty?

A) Ninety percent of all patents are for improvements to existing patented inventions.
B) The opinion is required to establish both ingenuity and inventiveness.
C) Opinions are crucial to the grace period for filing the patent application.
D) The date of earliest use becomes the disclosure date used for establishing novelty.

Question 20

DMB Ballistics Inc.invented a new compound for sheathing bullets and has been displaying and advertising its newly invented compound at trade shows across North America for the past two years.Why might DMB's patent application be unsuccessful?

A) because items made of naturally occurring materials such as metals cannot be patented
B) because its invention has already been disclosed publicly
C) because bullets are not a "new" invention
D) because the invention is a chemical compound

Question 21

Which of the following must a work possess in order to attract copyright protection?

A) originality and fixation
B) non-exhaustive elements
C) non-traditional elements
D) fixation of origin

Question 22

Which of the following would be encompassed by an author's moral rights?

A) the author's right to be associated with the work as its author
B) the right to prevent reproduction of the work
C) the exclusive right to use the work
D) the right to translate the work

Question 23

Which of the following elements would a registrar most likely require to be established in order for joint authorship to be recognized under copyright law?

A) intentional shared authorship
B) shared origin of the work
C) mutual authorization
D) public performance by each author

Question 24

What is the commonality shared among the emblems of the Royal Canadian Mounted Police,provincial flags,and anything suggesting a connection with a recently deceased individual?

A) prohibition of use in official trademarks
B) prohibited scandalous use of a trade name
C) public confusion relating to a trade name
D) public authority to use official marks

Question 25

What would an author most likely indicate as the purpose of copyrighting and producing creative works?

A) assuring fair dealing
B) protecting one's honour and reputation
C) maintaining confidentiality
D) making a profit through sales

Question 26

How would a trademark applicant demonstrate title to a trademark?

A) inventive selection
B) distinct mark
C) registrability
D) ongoing use

Question 27

Tyrone's business has been able to successfully redirect a competitor's traffic to his website.Which of the following would strongly support the competitor's attempt to recover its customer traffic flow?

A) Institute injunctive proceedings with ICANN or CIRA.
B) Initiate a complaint with the domain name provider regarding bad-faith registration.
C) Initiate a search by the registrar to ascertain entitlement on a first-registered basis.
D) Institute court proceedings for copyright infringement.

Question 28

Orianna has applied for intellectual property protection for several of her choreographic works.The registrar advised that her application would have to meet the fixation requirement.Which of the following is most likely the source of the fixation requirement Orianna's application will have to satisfy?

A) Copyright Act
B) common law
C) Intellectual Property Act
D) Trademark Act

Question 29

How will a trademark derive value if it is unregistered?

A) from a presumption of ownership and validity
B) from its perceived goodwill,which is subject to remedy by the tort of passing off
C) from its ability to prove identical trademarks in the case of a challenge
D) from its creation; it provides broad protection on a geographically national level

Question 30

What is the relationship between the qualitative and quantitative aspects of copying a substantial part of another's work with respect to copyright infringement?

A) determines whether the author has a valid right to object to dealings with or uses of the work
B) determines whether the author has a valid right to be associated with the work
C) determines infringement based on whether the part taken is a key or distinctive part
D) determines infringement based on whether the work is associated with a cause

Question 31

Which of the following is a connection between trademarks and trade names?

A) The use of both denotes the registration of the distinguishing guise of business products.
B) The use of both gives an indication that a product meets a defined standard.
C) Adoption of one by a business may prevent registration by competitors of the other.
D) Closely related trademarks are trade names that receive protection under trademark law.

Question 32

What is the function of a certification mark?

A) It indicates that a product conforms to a particular standard.
B) It indicates that a colour's distinguished guise is registered.
C) It indicates the source of the goods or services.
D) It indicates the name of the source of the product.

Question 33

Which of the following was a consequence of amendments made in 2014 to the Trade-marks Act?

A) All trademarks must now be registered to qualify for protection.
B) Proof of use is now a requirement for trademark enforceability.
C) It is no longer possible to trademark a colour.
D) The period of protection was reduced from 15 to 10 years.

Question 34

The trademark office has included EcoGrow Corp.'s trademark in its journal publication.Which of the following is true?

A) EcoGrow Corp.will now have exclusive right to use the trademark.
B) The trademark application can still be opposed by a member of the public who claims prior use.
C) EcoGrow Corp.will now have priority to use the trademark over prior users of the trademark.
D) All of the procedures necessary to complete the registration process have been satisfied.

Question 35

Which of the following represents a commonality between a business name and trademark or other identifier?

A) top-level domain
B) domain name
C) root identifier
D) second-level domain

Question 36

What valid commonality do the elements of private study,research,criticism,and review share?

A) copyright exemption
B) fair dealing exemption
C) trademark exemption
D) confidentiality exemption

Question 37

Sun Power Generation Corp.has applied for the registration of its trademark.The company includes a disclaimer as part of its mark and has noted the disclaimer in the trademark application.Which of the following disclaimers would have the strongest influence on Sun Power's application?

A) Disclaimer of exclusive rights to a distinctive component affects registrability.
B) Disclaimer of exclusive rights to use of descriptive words affects title.
C) Disclaimer of exclusive rights to descriptive words affects registrability.
D) Disclaimer of exclusive rights to a weakly distinctive component affects title.

Question 38

What role does an ISP's conduit function have to hold in order to receive protection from liability by the communication exemption?

A) intermedial
B) primary
C) private use
D) non-disturbing

Question 39

Rupert is discussing the various methods available to his company with respect to a domain name registration that is preventing it from using its trademark as its Internet address with the registrar.What is most likely the cause of this conflict?

A) cyber-squatting
B) domain name abuse
C) bad-faith registration
D) illegitimate registration

Question 40

Dr.Grewal gave a speech at a trade convention.Is his speech subject to copyright protection?

A) yes,provided Dr.Grewal registers for copyright protection
B) yes,because it qualifies as a public performance
C) only if it exists in a fixed form such as a recording
D) no,because it cannot satisfy the requirement of originality

Question 41

The intellectual property accruing to an organization through the creative works of its in-house employees can be bought or acquired by others through licensing agreements.

Question 42

Ziggy's ChairsByDesign Inc.protects its rights to the appearance of its articles against copying by registering its industrial designs and marking its products appropriately.

Question 43

Which of the following is a correct statement regarding the law of licensing?

A) A licence must be registered in order to be enforceable.
B) Failure to utilize a licence in a timely manner will result in its forfeiture.
C) All intellectual property rights are capable of being licensed.
D) A licence involves an exchange of ownership from licensor to licensee.

Question 44

A patent gives the inventor the right to exclude others from making,selling,or using the invention to which the patent relates for a period of 20 years from the date of filing the application.

Question 45

An invention has to actually work in order to be patentable.

Question 46

Which of the following is a distinguishing characteristic of confidential business information?

A) It cannot be protected through legal process.
B) It derives its value from not being generally known.
C) It must be registered to be protected.
D) It must exist in a fixed medium in order to qualify for protection.

Question 47

Despite consumer lobbyist efforts,the government refused to compromise with a levy on blank recording media,opting instead for an outright ban on blank tapes and the like,in recognition of the difficulties in policing the copyright infringement of music.

Question 48

Which of the following is distinguished by the absence of specific statutory protection and statutory definition?

A) confidential business information
B) P2P networks
C) uploader and downloader rights
D) trade secrets

Question 49

The president of Amanda's organization has instructed that all strategic business information be protected due to its confidentiality.How will this secret information receive protection?

A) Protection is afforded exclusively through patent claims.
B) Protection is afforded exclusively through express or implied confidentiality obligations.
C) Protection is afforded by copyright law.
D) Protection is afforded through the trade secret application process.

Question 50

Reforms to Canada's Trade-marks Act include increasing the period of protection from 15 to 20 years.

Question 51

Although the Canadian Patent Office guidelines state that business methods are not automatically excluded from protection,some business methods are deemed unpatentable for policy reasons.

Question 52

The shape of a ware or its container or mode of packaging is known in intellectual property law as a distinguishing guise.

Question 53

What is the most important factor contributing to Roger's review of his organization's strategic information,products,databases,and specialized know-how?

A) implied obligations
B) the determination of economic value
C) the security of confidential business information
D) express obligations

Question 54

A word used in combination with a symbol to distinguish a business as the source of goods is known in intellectual property law as a trade name.

Question 55

Rosh Pharmaceuticals Corp.is based in Israel but it maintains intellectual property protection of all its drugs with the Canadian Patent Office.What is most likely to be the result if insufficient quantities of Rosh Pharmaceuticals Corp.'s newly patented pancreatic cancer drug are produced to meet demand in Canada?

A) the loss of intellectual property rights
B) the licence will go to a Canadian facility
C) the assignment will go to a Canadian facility
D) the assignment of patent rights

Question 56

The price of a patent monopoly is the requirement to disclose the invention.

Question 57

Which of the following is the most effective means of exploiting the value residing in protected intellectual property?

A) assignment or licensing
B) fair dealing
C) cyber-squatting
D) getting joint copyright

Question 58

A trademark is the name under which a sole proprietorship,a partnership,or a corporation does business.

Question 59

Which of the following is directly related to the specific exemption from copyright protection permitting an owner to make a copy for adaptation for further use?

A) computer software
B) ISP providers
C) blank recording media
D) MP3 players

Question 60

Which of the following would most likely result in a protected trade secret being compromised?

A) misuse
B) divulgence
C) mutuality
D) similarity

Question 61

Briefly describe the requirement of fixation as well as its purpose as it relates to copyright law.

Question 62

Identify the general categories of information commonly used in a business or commercial context that would be considered confidential.

Question 63

Identify the elements that determine the patentability of intellectual property,the duration of the patent,and prohibitive elements that an owner of intellectual property should consider,if any.

Question 64

A court will grant an injunction before trial in a matter involving the alleged infringement of intellectual property as long as the plaintiff has demonstrated that there is a serious issue to be tried,irreparable harm may be caused,and the balance of convenience favours the applicant.

Question 65

Discuss the rights attributable to a registered industrial design.

Question 66

Briefly discuss how parties may acquire an express obligation to keep information confidential and how that obligation is often expressed in relation to an employee.

Question 67

Explain how Canadian law determines who is entitled to register a trademark?

Question 68

List the factors identified by the Supreme Court of Canada that must be considered with respect to a confusion created by similar trademarks.

Question 69

Briefly outline some of the key changes that were made in 2014 to Canada's Trade-marks Act.

Question 70

Fair dealing is a defence to copyright infringement that permits copying for purposes such as private study,research,criticism,review,and education.

Question 71

Fair dealing is a permitted defence to copyright infringement that allows the copying of works for unlimited purposes.

Question 72

List the various categories of works that copyright applies to,and provide an example of each.

Question 73

The negotiation of the purchase of a domain name from a registered owner may be,but is not always,the result of the exploitive practice of cyber-squatting.

Question 74

A party requesting a pretrial order to allow it to seize material suspected of infringing intellectual property rights is asking a court for an Anton Pillar order.

Question 75

Identify the requirements that a work must possess in order to attract copyright protection,and briefly discuss any intended purpose for requiring the same.

Question 76

Recent changes to Canada's Trade-marks Act include removing the requirement of "use" as a qualification for registration.

Question 77

An assignment of intellectual property involves the consent given by the owner of rights to someone to do something that only the owner can do.

Question 78

Under the Copyright Act,both the copying of musical works by an individual for private use and the collection of levies on blank audio media in order to compensate the rights holders is permitted.

Question 79

A business with a patent monopoly to sell its invention will want to ensure it has a unique domain name on the website that will readily direct its customers to its website address.