Deck 14: Intellectual Property and Computer Law

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Question
Amy Lebrun has thought of a new franchise for bookkeeping systems. She wants to get legal protection for her franchise. Which of the following is the appropriate one?

A)Copyright
B)Patent
C)Industrial design
D)Personality rights
E)None of the above
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Question
Which of the following intellectual property rights does not have statutory protection?

A)Copyright
B)Trade marks
C)Confidential information
D)Industrial design
E)Personality rights
Question
Which of the following can be the subject of trade mark protection?

A)A slogan
B)A design for wallpaper
C)A brand name
D)Both A and C
E)All of the above
Question
Jann Letran, a Canadian author, wrote a book called The Death of Pie in 2002. It is about an alligator, a giraffe, and an Iroquois baked together in a pie. Hector Lobos - Villa, a Brazilian author, wrote a book in 1979 about a mongoose, an elephant, and an Amazonian aboriginal baked together in a pie. Letram admits that he was influenced by Lobos-Villa's book. Otherwise, the two books are very different - for one thing, they're written in different languages. Assume that Brazil is not a signatory of the Beme Convention but is a party to the copyright symbol followed only by the author's name. Has Latram infringed Lobos-Villa's copyright?

A)No. Lobos-Villa's registration was ineffective because it left out the date.
B)Yes. It is not necessary to include a copyright notice in Canada.
C)Yes. Lobos-Villa came up with this idea first
D)No. Lobos-Villa's plot idea is not protected by copyright.
E)No. Letram's book is sufficiently different from Lobos-Villa's
Question
Which of the following statements concerning remedies for copyright infringement is not true?

A)The court can order the infringer to pay a certain sum representing financial loss to the copyright owner.
B)The court can grant an injunction requiring the infringer to destroy all illegal copies of the infringed work.
C)Criminal penalties under the Copyright Act are available only as an alternative to an action for damages.
D)The court can order the infringer to pay any profits made by the illegal use of the copyright to the owner.
E)The court can order the infringer to pay punitive damages to the copyright owner.
Question
Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. What is the name for the area of law involved?

A)Trade mark
B)Patents
C)Personality rights
D)Copyright
E)Torts
Question
Jurgen Prothnow works as a technical adviser for High Tech Corp. part of his duties is to train employees. Jurgen has compiled, over the course of many years, an instruction manual. This manual could be used by others in the industry, and Jurgen wants to publish it - and of course derive the profit from its sale. Which of the following is true?

A)The copyright in this manual belongs to High Tech because Jurgen wrote it in the course of his employment.
B)The copyright in this manual belongs to Jurgen as the author.
C)The copyright in this manual belongs to Jurgen because it is the product of his personal skills and not of any trade secrets or confidential information he obtained at High Tech.
D)The copyright in this manual belongs to Jurgen because it is against the public interest to deprive an author of the right to his own creative output.
E)Both B and D
Question
Which of the following is a breach of the copyright?

A)An English teacher makes 40 copies of a poem from a book to hand out to his class for discussion.
B)A history teacher shows her class of 100 students a video of Saving Private Ryan.
C)A historian makes notes of a book in the library amounting to copying nearly 80% of the book contents.
D)A history teacher shows her class of 100 students a video of Saving Private Ryan. Twenty teachers also attend and pay the history teacher five dollars each.
E)Both C and D
Question
Protection against unauthorized use of a celebrity's distinctive features is available through which of the following?

A)Common law
B)Copyright
C)Trade mark
D)Industrial design
E)Both A and B
Question
The organization which deals with disputes over assignment of World Wide Web addresses is:

A)SOCAN
B)The UCC
C)The CCLA
D)ICANN
E)The International Registrar of Trade-marks.
Question
Vic Legume wrote a song praising the values of a vegetarian lifestyle. Although he had other successful songs that were recorded, the "Vegetable Medley" was never recorded. A corporation that sold vegetable products approached Vic and he assigned his copyright in the song to the company for use in its advertising campaigns. Vic was unaware that the company was owned by a larger multinational food product corporation. A year later, Vic was horrified to hear his song being used in a satirical fashion in a marketing campaign for pork products. In this situation, which of the following statements is true?

A)By assigning the copyright to the song, Vic lost all control over its use.
B)Vic can stop the marketing campaign as he retains the moral rights in the song.
C)Provided the assignee has not breached the assignment contract, Vic has no remedy.
D)As Vic was the author of the work, the company required his consent to any use of the song.
E)The assignee's use of the song constitutes fair dealing.
Question
What is the length of copyright protection in Canada for a photograph?

A)50 years from the photographer's death
B)50 years from the date of first publication
C)50 years from the date of original negative is made
D)50 years from the date the photograph is first printed
E)50 years from the owner's death
Question
Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. Which of the following is true? (Assume for the purpose of the question that there are famous Canadian movie stars).

A)Richard has the right to publish the photo since it was a result of his creative talent.
B)Magic Photo owns the rights to the photo because Richard was employed by it at the time.
C)Sharon has the right to the photo because she paid for it.
D)Richard and Magic Photo have equal rights to the photo.
E)The photo is in the public domain - i.e., no one owns the rights to it.
Question
Which of the following can be the subject of copyright protection?

A)A song
B)A piece of software
C)A new type of computer
D)Both A and B
E)All of the above
Question
Anna Escorsio writes a new song. Which of the following legal protections can she be granted?

A)Patent
B)Industrial design
C)Copyright
D)Trade mark
E)Trade secret
Question
If you were to make the following applications for a trade mark today, which of them would be refused?

A)An "M" in the shape of two large golden arches.
B)"Cold Relief", for a cold remedy
C)"Jean Chretien" tires
D)Both A and B
E)All of the above
Question
Which of the following is true about copyright protection in Canada?

A)It requires registration of the work with the federal government in Ottawa.
B)It requires registration of the work through the Post Office.
C)It requires a copyright notice at the beginning of the work along with the date and owner's name.
D)It requires no registration and occurs automatically upon the work being made.
E)Either A or B
Question
Which of the following is not, or is not capable of being, a trade mark in Canada?

A)"Harvey's makes a hamburger a beautiful thing"
B)A picture of Pierre Trudeau
C)Eatons
D)Both B and C
E)All of the above
Question
The Premier of Ontario, as of this writing, is a man named Ernie Eves. To capitalize on his notoriety, a hardware company in London, Ontario begins marketing "Eunie's Eavestroughs - Premier Quality". Mr. Eves is not amused. What can he do about this?

A)Nothing. Such is the price of fame.
B)Nothing. The public would not be likely to think that he has endorsed the product.
C)He may obtain an injunction to prevent the company from using his name.
D)Nothing. This is an issue of trade mark law, and Mr. Eves has not registered his name as a trade mark.
E)Nothing. There is nothing offensive about being associated with a hardware product.
Question
Which of the following is, or is capable of being, a trade mark in Canada?

A)"Canadian Standard Association"
B)The design of a wine bottle
C)A proposed trade mark
D)Both B and C
E)All of the above
Question
Assuming that it meets the tests of ingenuity, utility, and novelty, which of the following inventions could be patented in Canada?

A)The Ford Motor Company's five year plan
B)This textbook
C)A device designed to read a bank machine card and transfer funds from the account without the transaction being recorded on the cardholder's account
D)The theory of general relativity
E)None of the above
Question
Nia Cacoyannis has designed a wallpaper pattern. It has not yet gone into production, although she has shown it to the representatives of three companies which manufacture wallpaper. Which of the following is true?

A)The pattern cannot be registered as an industrial design because it is useful, not just ornamental.
B)The pattern can be registered as an industrial design, copyrighted, or both
C)If registered as an industrial design, no one can copy it without Nia's permission for a maximum of five years.
D)Nia has one year to complete registration of the pattern as an industrial design.
E)None of the above
Question
The Charbonneau Company of Restigouche, New Brunswick - created and fun by Luc Charbonneau - manufactures a fine hockey stick called "The Charbonneau". Although it is known to hockey aficionados across North America and even in Europe, at the present time Luc sells it only in New Brunswick and Quebec. Luc's cousin, Emile Charbonneau, opens a plant in Winnipeg and begins marking a virtually identical hockey stick which he plans to sell only in Western Canada. He calls it "The Charbonneau". Luc has never registered his name as a trade mark. Can he now prevent Emile from using the name Charbonneau for his hockey sticks?

A)No. This may be passing off, but Emile is selling his goods in a different market than Luc.
B)Yes. Even though Luc has not registered his trade mark, it is known in Canada and cannot be infringed anywhere else in the country.
C)No. Luc has no proprietary right in his name.
D)No. The public in Western Canada would not be confused.
E)Yes. This is a violation of the federal Trade-marks Act.
Question
Which of the following qualities does an invention not need to have in order to be patented?

A)Ingenuity
B)Utility
C)Novelty
D)Complexity
E)It requires all of the above
Question
Ang Nguyen, a native of Vietnam, sees a commercial opportunity. He is aware of an effective cold pill used in Vietnam; in fact, he knows the formula for it, having received it from his brother, who works for the manufacturer. That formula has not been published anywhere. Perhaps most importantly, he knows that the manufacturer is not interested in selling the product in Canada at this time. Ang applies for a Canadian patent. Will he receive it?

A)Yes. The pill is not currently known or used in Canada.
B)Yes. The pill is not described in any patent or publication printed in Canada or any other country.
C)Yes. The pill is not in public use or on sale in Canada.
D)Yes. A , B, and C all are true
E)No. Ang is not the inventor of the pill
Question
Which of the following statutes apply to business activities involving information technology? i)the Integrated Circuit Topography Act
Ii)the Copyright Act
Iii)the Sale of Goods Act
Iv)the Negligence Act

A)i and ii
B)i, ii, and iii
C)ii and iii
D)ii, iii, and iv
E)i, ii, iii, and iv
Question
Which of the following respecting trade marks in Canada is true?

A)A trade mark will not be registered unless it has actually been in use in Canada.
B)Registration of a trade mark cannot be based on registration in a foreign country.
C)If the DUCT Corp. attempts to register "DUCT tape" as a trade mark, it would be refused.
D)Use of another person's trade mark is not infringement if it is not done for profit.
E)Both C and D
Question
In April, 1996, Hans Hoff invented an invisible Teflon coating for silk that could be used in men's ties so stains would wipe off easily. In May, 1996, Geraint Wynn-Ffolkes independently invented the same coating, and was granted a patent for it. Hans wants to attack the patent. Which of the following is true?

A)There are no grounds to attack a patent. Once it is granted that is final.
B)A patent can be impeached but Hans will not be successful because Geraint registered first.
C)A patent can be impeached and Hans will be successful because he invented the coating first.
D)A patent can be impeached and Hans will be successful because the matter was not the proper subject matter for a patent.
E)It is too late to impeach the patent. Hans should have opposed Geraint's application.
Question
Kermit Wong invents a new type of computer even smaller than a calculator and patents the invention. A large U.S. computer company buys the rights and makes the units at its California plant, whence it ships them across North America. Kermit realizes that he could make them more cheaply, but the computer company refuses to give him a licence to do so in Canada. Which of the following is true?

A)Kermit can apply for a compulsory licence and the government will permit him to make and sell the units in Canada.
B)There is nothing Kermit can do
C)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is using the patent.
D)Kermit can apply but will be unsuccessful because compulsory licensing only applies to drugs.
E)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is selling the computer in Canada.
Question
Protection for a new method of encasing wiring inside a laptop computer is available:

A)Under the Industrial Design Act.
B)As a distinguishing guise under the Trade-marks Act.
C)Through a patent application
D)Through the Copyright Act for the illustrations of the method.
E)None of the above
Question
The test for infringement of a trade mark by the offending mark is:

A)The offending mark is identical to the existing trade mark.
B)The offending mark is so similar as to cause confusion in the mind of the public as to the source of goods.
C)The offending mark has caused actual confusion as to the owner or supplier of the goods.
D)The Registrar of Trade-marks has received a complaint concerning the offending mark from the public.
E)The offending mark is offensive to the moral rights of the trade mark owner.
Question
Roe-Pharma, a Canadian drug company, obtained a licence from Mega-mega-Pharma, a Swiss drug company, to sell Heptamyoextropalol in Canada. Reo-Pharma sells this patented medicine for $15 per pill. Generic Drugs Inc., another Canadian company, says that it can sell this drug for $2.50 per pill. Which of the following is true?

A)GDI can apply for a compulsory licence but it will not be granted because Reo-Pharma is using the patent.
B)GDI cannot apply for a compulsory licence pursuant to the Patent Law Amendment Act, 1992.
C)GDI will likely be granted a compulsory licence under the Patent Act because the price at which this drug is currently being sold is so high.
D)The Patented Medicine Price Review Board may reduce the price of Heptamyoextropalol if it feels it is excessive.
E)Both B and D
Question
Vijay Menon is a chemical engineer working for Mega Labs Ltd., an international pharmaceutical company, developing a machine designed to analyze chemicals in the blood. The aim of the project is a machine which can analyze up to three chemicals simultaneously. Working on his own time in his laboratory at home, Vijay was able to develop a machine which can analyze six chemicals simultaneously. He applies for patent. Which of the following is true?

A)There is no reason why Vijay should not be issued a patent
B)This invention is not patentable because it is a device used for a medical purpose.
C)Vijay cannot apply for a patent without a patent agent
D)If the patent is issued, it will belong to Mega Labs.
E)Vijay should be seeking copyright, not patent protection
Question
Homer Nerdhoff has just invented a new cheese grater. He has been travelling around the country exploring marketing opportunities, and discovers that Martin Fitzhugh has for the past three years been selling the grater which he developed, using the same process, at his fine food store in Halifax. Homer hopes that by patenting his grater, he can stop Martin from selling his. Martin sees the danger, and decides to also apply for a patent. Which of the following is true?

A)Whoever registers his patent first will obtain the exclusive right to use it.
B)Homer cannot obtain a patent because his invention was already known and used by Martin.
C)Martin cannot obtain a patent because his invention has already been on sale for the past three years.
D)Homer cannot obtain a patent; Martin can
E)Both B and C
Question
Which of the following can be registered as an industrial design?

A)A new board game
B)The design of a boat hull for a new line of boats to be sold across Canada
C)The design on a painting
D)Both A and B
E)All of the above
Question
Jerry Margulis makes knockoffs of Prada handbags. He calls them Preda, and that name appears on the product, but otherwise they look a lot like the original. Whereas Prada might typically sell for $300, a Preda seels for $40. A Preda is definitely of inferior quality compared to a Prada. Jerry sells his handbags to discount houses and other stores that do not carry Prada knock-off that looks like one. Prada learns of this activity, and sues Jerry for trade mark infringement. Which of the following is true?

A)This is not trade mark infringement because purchasers are not fooled into believing that a Preda is a Prada. On the contrary, they know that it's not.
B)Jerry is trading on the goodwill that Prada has built up, and that is actionable.
C)Jerry may not be trying to fool the public, but purchasers of a Preda presumably are.
D)The sale of low quality knock-offs harms Prada's reputation for high quality goods.
E)B, C, and D
Question
Which of the following about a patent is true?

A)It protects the idea and not the expression.
B)It protects the expression and not the idea.
C)It does not come into existence when the article is first made.
D)Both A and C
E)Both A and B
Question
Trade mark protection is most similar to which of the following torts?

A)Malicious prosecution
B)Injurious falsehood
C)Defamation of product
D)Passing off
E)Conversion
Question
Which of the following respecting trade marks in Canada is true?

A)Trade make protection is automatic once the mark has been used for six months.
B)Only a person with a similar trade mark or name can file an objection to registration of a trade mark.
C)A person must apply for registration of a trade mark in each province to use it in that province.
D)Once a trade mark is registered, it is protected for 15 years whether it is in active use or not.
E)None of the above
Question
Tracer Corp., an exploration company, wishes to develop a silver mine on a piece of land known as the Harris tract. It lacked the capital to do so on its own, so it entered into negotiations with Big Tree Mining Ltd. for a joint venture on the project. The negotiations collapsed. Big Tree, believing Tracer's information that there was a rich silver vein on the Harris tract and knowing that Tracer did not yet own it, bought the land itself and subsequently developed the mine, making a huge profit. Which of the following is true?

A)Tracer has no remedy unless it establishes that Big Tree owed it a fiduciary duty.
B)Tracer has no remedy unless it establishes that Big Tree acquired the Harris tract pursuant to a constructive trust.
C)Big Tree is liable to Tracer for breach of confidence
D)Tracer has no remedy unless it establishes that Big Tree committed a breach of contract.
E)Any one of A, B, or D
Question
Which of the following positions give rise to a confidentiality obligation in law without the need for any express agreement?

A)Director of a corporation
B)Officer of a corporation
C)Consultant of a corporation
D)Both A and B
E)All of the above
Question
Samita ALuwalia views an advance copy of a new applications program which has been copyrighted by Air Above Corp. She takes the idea and produces her own version, which she sells to members of her computer club. What criminal offence has Samita committed?

A)Theft
B)Fraud
C)Unauthorized use of a computer
D)Mischief in relation to data
E)No offence
Question
Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. The processor is based on a computer chip which Kelli designed herself. By which of the following can she obtain protection for her new chip?

A)Patent
B)Industrial design
C)Integrated Circuits Topography Act
D)Both A and C
E)Both B and C
Question
Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. The processor is based on a computer chip which Kelli designed herself. She invented the chip at night on her own time while employed in research and development at Innovative Computer solutions Inc. There is no written employment agreement concerning the ownership of inventions. Who has the right to apply for the appropriate protection?

A)Kelli, as she is the inventor.
B)Innovative Computer Solutions, as Kelli was its employee at the time of the invention.
C)Kelli, because she invented the chip on her own time and not on the employer's time.
D)Both must apply for the appropriate protection and share the rights equally.
E)There is no protection in Canada for this kind of invention.
Question
Packhorse Corp. has kept a design for a picking machine in strict confidence. Packrat Corp. hired a computer expert to break through Packhorse's access codes via the Internet and download the design secret. Packrat is now selling similar machines at a lower price because it did not have to bear the development costs. What offence has been committed?

A)Theft
B)Fraud
C)Unauthorized use of a computer
D)Mischief in relation to data
E)None
Question
On February 14,2000, CIrcuitsum Ltd. filed an application under the Integrated Circuits Topography Act, to register its ownership of the topography of the "arathmatik" microchip which it had exhibited and sold at a trade fair on September 20, 1 999. Registration under the Act occurred on June 25, 2000. When does Circuitsum's protection of the topography commence?

A)September 20, 1999
B)February 14, 2000
C)June 25, 2000
D)At a date set by the Registrar
E)September 20, 2009
Question
Which of the following statements is true?

A)A computer chip cannot be easily duplicated, so practically protection is not required.
B)The Integrated Circuit Topography Act gives the inventor of a computer chip a monopoly on the idea underlying its design.
C)The Integrated Circuit Topography Act gives the inventor of a computer chip a limited monopoly to reproduce and commercially exploit it.
D)It is not an infringement of the Integrated Circuit Topography Act to independently develop a computer chip by using a similar process to one used in a registered topography.
E)Both C and D
Question
Binni has developed a new computer program related to the travel industry that allows client to "pilot" their own aircraft and touchdown in whatever vacation spots they wish to preview before deciding on their actual holiday plans. Binni's intention is to introduce it through her travel agency in Canada and thereafter to license it to various agencies in the United States. Which of the following is true?

A)Binni's cannot obtain patent protection in Canada but can register this program under the Industrial Design Act.
B)Binni's only protection would be to register the program under the Integrated Circuits Topography Act as the program involves three-dimensional images of topographical land forms.
C)Binni should contact a U.S. patent attorney to consider protecting the program under a U.S. software patent.
D)Binni's protection for the computer program under the Copyright Act would be for 50 years from the date it becomes known to the public.
E)Both A and C
Question
What section of the Criminal Code, R.S.C. 1985, c. C-46 (as am)is aimed at "hackers"?

A)322 (1)
B)342.1
C)380 (1)
D)430 (1.1)
E)Both B and D
Question
Morris Pickel is a geologist he has added a device to an existing thermal measuring instrument. Because of the sensitivity of the device, it picks up data not previously recorded. A computer program built into the device then analyzes the data, allowing scientists to predict the timing of volcanoes. Can Morris obtain a patent for this device?

A)No. Computer programs cannot be patented in Canada.
B)No. Morris's invention, while useful and ingenious, is not new.
C)Yes. The device as a whole, including the computer program, can be patented.
D)No. The computer program is not integral to the device.
E)No, but he can register the computer chip under the Integrated Circuit Topography Act.
Question
Which of the following statements is true?

A)A computer program can be copyrighted in Canada.
B)A computer program cannot be copyrighted in Canada.
C)A computer program can be copyrighted in Canada, but not its "interface".
D)An icon - a distinctive graphic image - in a program can itself be copyrighted.
E)Both A and D
Question
Samma Company hires Ali Akhbar away from the Freedom Company because he is an engineer who knows the details of a design process that Samma has not been able to discover. All gives Samma the details which he smuggled out of Freedom Co. on a disk. Samma uses it to design the product and hurts Freedom's sales. Which of the following is true?

A)Samma is guilty of counseling theft.
B)Ali is guilty of theft
C)Ali is guilty of fraud
D)Both A and C
E)All of the above
Question
Esther was an employee of Serve U Right Inc. which created customized computer programs for clients. Esther was one of only two people in Canada who knew the new language, Jolted Java, just released by Microtext Ltd., which she learned while employed at Serve U Right. Esther approached management requesting an increase in salary to reflect her skills and was told that her acquiring a new language while employed by them was sufficient compensation. Esther indicated that she would look elsewhere and she was reminded that her employment contract contained a confidentiality clause. If Esther were to leave her employment and go to work for the other company, using this language, Serve U Right would:

A)Be able to successfully stop her re-employment with their competitor for beach of the confidentiality clause.
B)Not be successful as the courts will not stop individuals from applying their skills in earning a living.
C)Be able to successfully stop Esther from leaving their employment as she has a contract and is a key employee.
D)Not be successful in stopping Esther from leaving but could stop her from working for the competition for a reasonable time or until the new language is in more general use.
E)Be able to successfully stop her re-employment on the basis of general equitable principles protecting confidential information.
Question
Tommy Nolis's hobby is computers. Just for fun he tests his skill by getting past the access codes of BCE Corp. and obtaining access to its data, which he downloads onto his own computer. He does not do anything with the data - not even look at it. What offence has Tommy committed?

A)Theft
B)Fraud
C)Unauthorized use of a computer
D)Mischief in relation to data
E)Unlawful interception of electronic communications
Question
Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. She also developed software, which was an integrated part of the processor, to make easy operation of this processor by graphics. She wants to apply for a patent for the processor and software. Which of the following is true?

A)Only the film processor can be the subject of a patent in Canada.
B)Only the software can be the subject of a patent in Canada.
C)Both can be the subject of a patent in Canada.
D)Neither can be patented.
E)Together, the processor and program can be registered under the Integrated Circuit Topography Act.
Question
Imagecon Corp. has developed new software to transfer photographic images to e-mail. It wants to put its software in a uniquely shaped box with five sides that open much easier than the common software box. It has also designed a stylized script for the front cover of the box. Which of the following can be registered as an industrial design?

A)The box
B)The script
C)Both A and B
D)Neither A nor B
E)Friday
Question
Winston purchased a word processing software package for his business. Which of the following statements is true?

A)As owner of the software, Winston has the right to make as many copies as he wishes without worrying about copyright infringement.
B)Winston has purchased a licence to use the software and may copy it onto his hard drive and make a reasonable number of back-up copies.
C)Winston has purchased a licence of the software and may copy it onto his hard dive, making a reasonable number of back-up copies provided they are for his own use and the copying has been authorized by the author of the program.
D)Winston has the right to copy the software onto his hard dive but not to make any back-up copies as the original software package purchased acts as a back-up copy.
E)Winston has the right to make six back-up copies.
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Deck 14: Intellectual Property and Computer Law
1
Amy Lebrun has thought of a new franchise for bookkeeping systems. She wants to get legal protection for her franchise. Which of the following is the appropriate one?

A)Copyright
B)Patent
C)Industrial design
D)Personality rights
E)None of the above
E
2
Which of the following intellectual property rights does not have statutory protection?

A)Copyright
B)Trade marks
C)Confidential information
D)Industrial design
E)Personality rights
C
3
Which of the following can be the subject of trade mark protection?

A)A slogan
B)A design for wallpaper
C)A brand name
D)Both A and C
E)All of the above
D
4
Jann Letran, a Canadian author, wrote a book called The Death of Pie in 2002. It is about an alligator, a giraffe, and an Iroquois baked together in a pie. Hector Lobos - Villa, a Brazilian author, wrote a book in 1979 about a mongoose, an elephant, and an Amazonian aboriginal baked together in a pie. Letram admits that he was influenced by Lobos-Villa's book. Otherwise, the two books are very different - for one thing, they're written in different languages. Assume that Brazil is not a signatory of the Beme Convention but is a party to the copyright symbol followed only by the author's name. Has Latram infringed Lobos-Villa's copyright?

A)No. Lobos-Villa's registration was ineffective because it left out the date.
B)Yes. It is not necessary to include a copyright notice in Canada.
C)Yes. Lobos-Villa came up with this idea first
D)No. Lobos-Villa's plot idea is not protected by copyright.
E)No. Letram's book is sufficiently different from Lobos-Villa's
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5
Which of the following statements concerning remedies for copyright infringement is not true?

A)The court can order the infringer to pay a certain sum representing financial loss to the copyright owner.
B)The court can grant an injunction requiring the infringer to destroy all illegal copies of the infringed work.
C)Criminal penalties under the Copyright Act are available only as an alternative to an action for damages.
D)The court can order the infringer to pay any profits made by the illegal use of the copyright to the owner.
E)The court can order the infringer to pay punitive damages to the copyright owner.
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6
Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. What is the name for the area of law involved?

A)Trade mark
B)Patents
C)Personality rights
D)Copyright
E)Torts
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7
Jurgen Prothnow works as a technical adviser for High Tech Corp. part of his duties is to train employees. Jurgen has compiled, over the course of many years, an instruction manual. This manual could be used by others in the industry, and Jurgen wants to publish it - and of course derive the profit from its sale. Which of the following is true?

A)The copyright in this manual belongs to High Tech because Jurgen wrote it in the course of his employment.
B)The copyright in this manual belongs to Jurgen as the author.
C)The copyright in this manual belongs to Jurgen because it is the product of his personal skills and not of any trade secrets or confidential information he obtained at High Tech.
D)The copyright in this manual belongs to Jurgen because it is against the public interest to deprive an author of the right to his own creative output.
E)Both B and D
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8
Which of the following is a breach of the copyright?

A)An English teacher makes 40 copies of a poem from a book to hand out to his class for discussion.
B)A history teacher shows her class of 100 students a video of Saving Private Ryan.
C)A historian makes notes of a book in the library amounting to copying nearly 80% of the book contents.
D)A history teacher shows her class of 100 students a video of Saving Private Ryan. Twenty teachers also attend and pay the history teacher five dollars each.
E)Both C and D
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9
Protection against unauthorized use of a celebrity's distinctive features is available through which of the following?

A)Common law
B)Copyright
C)Trade mark
D)Industrial design
E)Both A and B
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10
The organization which deals with disputes over assignment of World Wide Web addresses is:

A)SOCAN
B)The UCC
C)The CCLA
D)ICANN
E)The International Registrar of Trade-marks.
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11
Vic Legume wrote a song praising the values of a vegetarian lifestyle. Although he had other successful songs that were recorded, the "Vegetable Medley" was never recorded. A corporation that sold vegetable products approached Vic and he assigned his copyright in the song to the company for use in its advertising campaigns. Vic was unaware that the company was owned by a larger multinational food product corporation. A year later, Vic was horrified to hear his song being used in a satirical fashion in a marketing campaign for pork products. In this situation, which of the following statements is true?

A)By assigning the copyright to the song, Vic lost all control over its use.
B)Vic can stop the marketing campaign as he retains the moral rights in the song.
C)Provided the assignee has not breached the assignment contract, Vic has no remedy.
D)As Vic was the author of the work, the company required his consent to any use of the song.
E)The assignee's use of the song constitutes fair dealing.
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12
What is the length of copyright protection in Canada for a photograph?

A)50 years from the photographer's death
B)50 years from the date of first publication
C)50 years from the date of original negative is made
D)50 years from the date the photograph is first printed
E)50 years from the owner's death
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13
Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. Which of the following is true? (Assume for the purpose of the question that there are famous Canadian movie stars).

A)Richard has the right to publish the photo since it was a result of his creative talent.
B)Magic Photo owns the rights to the photo because Richard was employed by it at the time.
C)Sharon has the right to the photo because she paid for it.
D)Richard and Magic Photo have equal rights to the photo.
E)The photo is in the public domain - i.e., no one owns the rights to it.
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14
Which of the following can be the subject of copyright protection?

A)A song
B)A piece of software
C)A new type of computer
D)Both A and B
E)All of the above
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15
Anna Escorsio writes a new song. Which of the following legal protections can she be granted?

A)Patent
B)Industrial design
C)Copyright
D)Trade mark
E)Trade secret
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16
If you were to make the following applications for a trade mark today, which of them would be refused?

A)An "M" in the shape of two large golden arches.
B)"Cold Relief", for a cold remedy
C)"Jean Chretien" tires
D)Both A and B
E)All of the above
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17
Which of the following is true about copyright protection in Canada?

A)It requires registration of the work with the federal government in Ottawa.
B)It requires registration of the work through the Post Office.
C)It requires a copyright notice at the beginning of the work along with the date and owner's name.
D)It requires no registration and occurs automatically upon the work being made.
E)Either A or B
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18
Which of the following is not, or is not capable of being, a trade mark in Canada?

A)"Harvey's makes a hamburger a beautiful thing"
B)A picture of Pierre Trudeau
C)Eatons
D)Both B and C
E)All of the above
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19
The Premier of Ontario, as of this writing, is a man named Ernie Eves. To capitalize on his notoriety, a hardware company in London, Ontario begins marketing "Eunie's Eavestroughs - Premier Quality". Mr. Eves is not amused. What can he do about this?

A)Nothing. Such is the price of fame.
B)Nothing. The public would not be likely to think that he has endorsed the product.
C)He may obtain an injunction to prevent the company from using his name.
D)Nothing. This is an issue of trade mark law, and Mr. Eves has not registered his name as a trade mark.
E)Nothing. There is nothing offensive about being associated with a hardware product.
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20
Which of the following is, or is capable of being, a trade mark in Canada?

A)"Canadian Standard Association"
B)The design of a wine bottle
C)A proposed trade mark
D)Both B and C
E)All of the above
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21
Assuming that it meets the tests of ingenuity, utility, and novelty, which of the following inventions could be patented in Canada?

A)The Ford Motor Company's five year plan
B)This textbook
C)A device designed to read a bank machine card and transfer funds from the account without the transaction being recorded on the cardholder's account
D)The theory of general relativity
E)None of the above
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22
Nia Cacoyannis has designed a wallpaper pattern. It has not yet gone into production, although she has shown it to the representatives of three companies which manufacture wallpaper. Which of the following is true?

A)The pattern cannot be registered as an industrial design because it is useful, not just ornamental.
B)The pattern can be registered as an industrial design, copyrighted, or both
C)If registered as an industrial design, no one can copy it without Nia's permission for a maximum of five years.
D)Nia has one year to complete registration of the pattern as an industrial design.
E)None of the above
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23
The Charbonneau Company of Restigouche, New Brunswick - created and fun by Luc Charbonneau - manufactures a fine hockey stick called "The Charbonneau". Although it is known to hockey aficionados across North America and even in Europe, at the present time Luc sells it only in New Brunswick and Quebec. Luc's cousin, Emile Charbonneau, opens a plant in Winnipeg and begins marking a virtually identical hockey stick which he plans to sell only in Western Canada. He calls it "The Charbonneau". Luc has never registered his name as a trade mark. Can he now prevent Emile from using the name Charbonneau for his hockey sticks?

A)No. This may be passing off, but Emile is selling his goods in a different market than Luc.
B)Yes. Even though Luc has not registered his trade mark, it is known in Canada and cannot be infringed anywhere else in the country.
C)No. Luc has no proprietary right in his name.
D)No. The public in Western Canada would not be confused.
E)Yes. This is a violation of the federal Trade-marks Act.
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24
Which of the following qualities does an invention not need to have in order to be patented?

A)Ingenuity
B)Utility
C)Novelty
D)Complexity
E)It requires all of the above
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25
Ang Nguyen, a native of Vietnam, sees a commercial opportunity. He is aware of an effective cold pill used in Vietnam; in fact, he knows the formula for it, having received it from his brother, who works for the manufacturer. That formula has not been published anywhere. Perhaps most importantly, he knows that the manufacturer is not interested in selling the product in Canada at this time. Ang applies for a Canadian patent. Will he receive it?

A)Yes. The pill is not currently known or used in Canada.
B)Yes. The pill is not described in any patent or publication printed in Canada or any other country.
C)Yes. The pill is not in public use or on sale in Canada.
D)Yes. A , B, and C all are true
E)No. Ang is not the inventor of the pill
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26
Which of the following statutes apply to business activities involving information technology? i)the Integrated Circuit Topography Act
Ii)the Copyright Act
Iii)the Sale of Goods Act
Iv)the Negligence Act

A)i and ii
B)i, ii, and iii
C)ii and iii
D)ii, iii, and iv
E)i, ii, iii, and iv
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27
Which of the following respecting trade marks in Canada is true?

A)A trade mark will not be registered unless it has actually been in use in Canada.
B)Registration of a trade mark cannot be based on registration in a foreign country.
C)If the DUCT Corp. attempts to register "DUCT tape" as a trade mark, it would be refused.
D)Use of another person's trade mark is not infringement if it is not done for profit.
E)Both C and D
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28
In April, 1996, Hans Hoff invented an invisible Teflon coating for silk that could be used in men's ties so stains would wipe off easily. In May, 1996, Geraint Wynn-Ffolkes independently invented the same coating, and was granted a patent for it. Hans wants to attack the patent. Which of the following is true?

A)There are no grounds to attack a patent. Once it is granted that is final.
B)A patent can be impeached but Hans will not be successful because Geraint registered first.
C)A patent can be impeached and Hans will be successful because he invented the coating first.
D)A patent can be impeached and Hans will be successful because the matter was not the proper subject matter for a patent.
E)It is too late to impeach the patent. Hans should have opposed Geraint's application.
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29
Kermit Wong invents a new type of computer even smaller than a calculator and patents the invention. A large U.S. computer company buys the rights and makes the units at its California plant, whence it ships them across North America. Kermit realizes that he could make them more cheaply, but the computer company refuses to give him a licence to do so in Canada. Which of the following is true?

A)Kermit can apply for a compulsory licence and the government will permit him to make and sell the units in Canada.
B)There is nothing Kermit can do
C)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is using the patent.
D)Kermit can apply but will be unsuccessful because compulsory licensing only applies to drugs.
E)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is selling the computer in Canada.
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30
Protection for a new method of encasing wiring inside a laptop computer is available:

A)Under the Industrial Design Act.
B)As a distinguishing guise under the Trade-marks Act.
C)Through a patent application
D)Through the Copyright Act for the illustrations of the method.
E)None of the above
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31
The test for infringement of a trade mark by the offending mark is:

A)The offending mark is identical to the existing trade mark.
B)The offending mark is so similar as to cause confusion in the mind of the public as to the source of goods.
C)The offending mark has caused actual confusion as to the owner or supplier of the goods.
D)The Registrar of Trade-marks has received a complaint concerning the offending mark from the public.
E)The offending mark is offensive to the moral rights of the trade mark owner.
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32
Roe-Pharma, a Canadian drug company, obtained a licence from Mega-mega-Pharma, a Swiss drug company, to sell Heptamyoextropalol in Canada. Reo-Pharma sells this patented medicine for $15 per pill. Generic Drugs Inc., another Canadian company, says that it can sell this drug for $2.50 per pill. Which of the following is true?

A)GDI can apply for a compulsory licence but it will not be granted because Reo-Pharma is using the patent.
B)GDI cannot apply for a compulsory licence pursuant to the Patent Law Amendment Act, 1992.
C)GDI will likely be granted a compulsory licence under the Patent Act because the price at which this drug is currently being sold is so high.
D)The Patented Medicine Price Review Board may reduce the price of Heptamyoextropalol if it feels it is excessive.
E)Both B and D
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33
Vijay Menon is a chemical engineer working for Mega Labs Ltd., an international pharmaceutical company, developing a machine designed to analyze chemicals in the blood. The aim of the project is a machine which can analyze up to three chemicals simultaneously. Working on his own time in his laboratory at home, Vijay was able to develop a machine which can analyze six chemicals simultaneously. He applies for patent. Which of the following is true?

A)There is no reason why Vijay should not be issued a patent
B)This invention is not patentable because it is a device used for a medical purpose.
C)Vijay cannot apply for a patent without a patent agent
D)If the patent is issued, it will belong to Mega Labs.
E)Vijay should be seeking copyright, not patent protection
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34
Homer Nerdhoff has just invented a new cheese grater. He has been travelling around the country exploring marketing opportunities, and discovers that Martin Fitzhugh has for the past three years been selling the grater which he developed, using the same process, at his fine food store in Halifax. Homer hopes that by patenting his grater, he can stop Martin from selling his. Martin sees the danger, and decides to also apply for a patent. Which of the following is true?

A)Whoever registers his patent first will obtain the exclusive right to use it.
B)Homer cannot obtain a patent because his invention was already known and used by Martin.
C)Martin cannot obtain a patent because his invention has already been on sale for the past three years.
D)Homer cannot obtain a patent; Martin can
E)Both B and C
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35
Which of the following can be registered as an industrial design?

A)A new board game
B)The design of a boat hull for a new line of boats to be sold across Canada
C)The design on a painting
D)Both A and B
E)All of the above
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36
Jerry Margulis makes knockoffs of Prada handbags. He calls them Preda, and that name appears on the product, but otherwise they look a lot like the original. Whereas Prada might typically sell for $300, a Preda seels for $40. A Preda is definitely of inferior quality compared to a Prada. Jerry sells his handbags to discount houses and other stores that do not carry Prada knock-off that looks like one. Prada learns of this activity, and sues Jerry for trade mark infringement. Which of the following is true?

A)This is not trade mark infringement because purchasers are not fooled into believing that a Preda is a Prada. On the contrary, they know that it's not.
B)Jerry is trading on the goodwill that Prada has built up, and that is actionable.
C)Jerry may not be trying to fool the public, but purchasers of a Preda presumably are.
D)The sale of low quality knock-offs harms Prada's reputation for high quality goods.
E)B, C, and D
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37
Which of the following about a patent is true?

A)It protects the idea and not the expression.
B)It protects the expression and not the idea.
C)It does not come into existence when the article is first made.
D)Both A and C
E)Both A and B
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38
Trade mark protection is most similar to which of the following torts?

A)Malicious prosecution
B)Injurious falsehood
C)Defamation of product
D)Passing off
E)Conversion
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39
Which of the following respecting trade marks in Canada is true?

A)Trade make protection is automatic once the mark has been used for six months.
B)Only a person with a similar trade mark or name can file an objection to registration of a trade mark.
C)A person must apply for registration of a trade mark in each province to use it in that province.
D)Once a trade mark is registered, it is protected for 15 years whether it is in active use or not.
E)None of the above
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40
Tracer Corp., an exploration company, wishes to develop a silver mine on a piece of land known as the Harris tract. It lacked the capital to do so on its own, so it entered into negotiations with Big Tree Mining Ltd. for a joint venture on the project. The negotiations collapsed. Big Tree, believing Tracer's information that there was a rich silver vein on the Harris tract and knowing that Tracer did not yet own it, bought the land itself and subsequently developed the mine, making a huge profit. Which of the following is true?

A)Tracer has no remedy unless it establishes that Big Tree owed it a fiduciary duty.
B)Tracer has no remedy unless it establishes that Big Tree acquired the Harris tract pursuant to a constructive trust.
C)Big Tree is liable to Tracer for breach of confidence
D)Tracer has no remedy unless it establishes that Big Tree committed a breach of contract.
E)Any one of A, B, or D
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41
Which of the following positions give rise to a confidentiality obligation in law without the need for any express agreement?

A)Director of a corporation
B)Officer of a corporation
C)Consultant of a corporation
D)Both A and B
E)All of the above
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42
Samita ALuwalia views an advance copy of a new applications program which has been copyrighted by Air Above Corp. She takes the idea and produces her own version, which she sells to members of her computer club. What criminal offence has Samita committed?

A)Theft
B)Fraud
C)Unauthorized use of a computer
D)Mischief in relation to data
E)No offence
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43
Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. The processor is based on a computer chip which Kelli designed herself. By which of the following can she obtain protection for her new chip?

A)Patent
B)Industrial design
C)Integrated Circuits Topography Act
D)Both A and C
E)Both B and C
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44
Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. The processor is based on a computer chip which Kelli designed herself. She invented the chip at night on her own time while employed in research and development at Innovative Computer solutions Inc. There is no written employment agreement concerning the ownership of inventions. Who has the right to apply for the appropriate protection?

A)Kelli, as she is the inventor.
B)Innovative Computer Solutions, as Kelli was its employee at the time of the invention.
C)Kelli, because she invented the chip on her own time and not on the employer's time.
D)Both must apply for the appropriate protection and share the rights equally.
E)There is no protection in Canada for this kind of invention.
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45
Packhorse Corp. has kept a design for a picking machine in strict confidence. Packrat Corp. hired a computer expert to break through Packhorse's access codes via the Internet and download the design secret. Packrat is now selling similar machines at a lower price because it did not have to bear the development costs. What offence has been committed?

A)Theft
B)Fraud
C)Unauthorized use of a computer
D)Mischief in relation to data
E)None
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46
On February 14,2000, CIrcuitsum Ltd. filed an application under the Integrated Circuits Topography Act, to register its ownership of the topography of the "arathmatik" microchip which it had exhibited and sold at a trade fair on September 20, 1 999. Registration under the Act occurred on June 25, 2000. When does Circuitsum's protection of the topography commence?

A)September 20, 1999
B)February 14, 2000
C)June 25, 2000
D)At a date set by the Registrar
E)September 20, 2009
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47
Which of the following statements is true?

A)A computer chip cannot be easily duplicated, so practically protection is not required.
B)The Integrated Circuit Topography Act gives the inventor of a computer chip a monopoly on the idea underlying its design.
C)The Integrated Circuit Topography Act gives the inventor of a computer chip a limited monopoly to reproduce and commercially exploit it.
D)It is not an infringement of the Integrated Circuit Topography Act to independently develop a computer chip by using a similar process to one used in a registered topography.
E)Both C and D
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48
Binni has developed a new computer program related to the travel industry that allows client to "pilot" their own aircraft and touchdown in whatever vacation spots they wish to preview before deciding on their actual holiday plans. Binni's intention is to introduce it through her travel agency in Canada and thereafter to license it to various agencies in the United States. Which of the following is true?

A)Binni's cannot obtain patent protection in Canada but can register this program under the Industrial Design Act.
B)Binni's only protection would be to register the program under the Integrated Circuits Topography Act as the program involves three-dimensional images of topographical land forms.
C)Binni should contact a U.S. patent attorney to consider protecting the program under a U.S. software patent.
D)Binni's protection for the computer program under the Copyright Act would be for 50 years from the date it becomes known to the public.
E)Both A and C
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49
What section of the Criminal Code, R.S.C. 1985, c. C-46 (as am)is aimed at "hackers"?

A)322 (1)
B)342.1
C)380 (1)
D)430 (1.1)
E)Both B and D
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50
Morris Pickel is a geologist he has added a device to an existing thermal measuring instrument. Because of the sensitivity of the device, it picks up data not previously recorded. A computer program built into the device then analyzes the data, allowing scientists to predict the timing of volcanoes. Can Morris obtain a patent for this device?

A)No. Computer programs cannot be patented in Canada.
B)No. Morris's invention, while useful and ingenious, is not new.
C)Yes. The device as a whole, including the computer program, can be patented.
D)No. The computer program is not integral to the device.
E)No, but he can register the computer chip under the Integrated Circuit Topography Act.
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51
Which of the following statements is true?

A)A computer program can be copyrighted in Canada.
B)A computer program cannot be copyrighted in Canada.
C)A computer program can be copyrighted in Canada, but not its "interface".
D)An icon - a distinctive graphic image - in a program can itself be copyrighted.
E)Both A and D
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52
Samma Company hires Ali Akhbar away from the Freedom Company because he is an engineer who knows the details of a design process that Samma has not been able to discover. All gives Samma the details which he smuggled out of Freedom Co. on a disk. Samma uses it to design the product and hurts Freedom's sales. Which of the following is true?

A)Samma is guilty of counseling theft.
B)Ali is guilty of theft
C)Ali is guilty of fraud
D)Both A and C
E)All of the above
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53
Esther was an employee of Serve U Right Inc. which created customized computer programs for clients. Esther was one of only two people in Canada who knew the new language, Jolted Java, just released by Microtext Ltd., which she learned while employed at Serve U Right. Esther approached management requesting an increase in salary to reflect her skills and was told that her acquiring a new language while employed by them was sufficient compensation. Esther indicated that she would look elsewhere and she was reminded that her employment contract contained a confidentiality clause. If Esther were to leave her employment and go to work for the other company, using this language, Serve U Right would:

A)Be able to successfully stop her re-employment with their competitor for beach of the confidentiality clause.
B)Not be successful as the courts will not stop individuals from applying their skills in earning a living.
C)Be able to successfully stop Esther from leaving their employment as she has a contract and is a key employee.
D)Not be successful in stopping Esther from leaving but could stop her from working for the competition for a reasonable time or until the new language is in more general use.
E)Be able to successfully stop her re-employment on the basis of general equitable principles protecting confidential information.
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54
Tommy Nolis's hobby is computers. Just for fun he tests his skill by getting past the access codes of BCE Corp. and obtaining access to its data, which he downloads onto his own computer. He does not do anything with the data - not even look at it. What offence has Tommy committed?

A)Theft
B)Fraud
C)Unauthorized use of a computer
D)Mischief in relation to data
E)Unlawful interception of electronic communications
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55
Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. She also developed software, which was an integrated part of the processor, to make easy operation of this processor by graphics. She wants to apply for a patent for the processor and software. Which of the following is true?

A)Only the film processor can be the subject of a patent in Canada.
B)Only the software can be the subject of a patent in Canada.
C)Both can be the subject of a patent in Canada.
D)Neither can be patented.
E)Together, the processor and program can be registered under the Integrated Circuit Topography Act.
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56
Imagecon Corp. has developed new software to transfer photographic images to e-mail. It wants to put its software in a uniquely shaped box with five sides that open much easier than the common software box. It has also designed a stylized script for the front cover of the box. Which of the following can be registered as an industrial design?

A)The box
B)The script
C)Both A and B
D)Neither A nor B
E)Friday
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57
Winston purchased a word processing software package for his business. Which of the following statements is true?

A)As owner of the software, Winston has the right to make as many copies as he wishes without worrying about copyright infringement.
B)Winston has purchased a licence to use the software and may copy it onto his hard drive and make a reasonable number of back-up copies.
C)Winston has purchased a licence of the software and may copy it onto his hard dive, making a reasonable number of back-up copies provided they are for his own use and the copying has been authorized by the author of the program.
D)Winston has the right to copy the software onto his hard dive but not to make any back-up copies as the original software package purchased acts as a back-up copy.
E)Winston has the right to make six back-up copies.
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