Deck 18: Intellectual Property

Question 1

What is the role of a trademark?

A) to indicate the origin of a good or service
B) to indicate conformation to a standard
C) to distinguish the source's business name
D) to distinguish the guise of a product

Answer 1

A

Question 2

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

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

Answer 2

B

Question 3

Which of the following would a business law professor most likely indicate as being the primary purpose of copyright?

A) confidential taking of intellectual property
B) provision of the basis for a saleable product
C) licensing of intellectual property
D) innovative appearance of useful articles

Answer 3

B

Question 4

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 5

Which of the following distinguishes a patent held by a large commercial entity from a patent held by a small commercial entity?

A) 17-year patent granted to a large commercial entity; small entity receives 20 years
B) delay granted to a small commercial entity to facilitate market testing of its product
C) amount required to be paid for approval of patent application
D) amount of registry's assessed annual patent maintenance fee

Question 6

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 7

If Sen Yuen's industrial design application is approved,which of the following is the most likely result?

A) He will receive a 20-year certificate of registration.
B) Infringement will result in a monetary damage award.
C) Infringement will result in an injunction and monetary damages.
D) He will receive a 10-year certificate of registration.

Question 8

Nancy is currently reviewing the serialized one-line definitions,known as claims,noted on her client's application.What is name given to Nancy's role?

A) patent lawyer
B) patent holder
C) patent agent
D) patent officer

Question 9

Which of the following 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 10

Which of the following characteristics 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 11

With respect to the patent application process,which of the following would a patent lawyer most likely indicate as being the source of a description of a product's manufacturing process?

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

Question 12

Kyrie enjoys a successful freelance career creating advertisement jingles.The various aspects of Kyrie's intellectual property are given bundled protections based on which of the following principles of the law?

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

Question 13

The term "intellectual property," when used to refer to a freelance cartoonist's newly composed cartoon,is synonymous in law with which of the following?

A) the rights that attach to intangibles
B) the manner in which the jingle is expressed
C) incentives for developing and creating ideas
D) confidential business information

Question 14

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 unprotectable under the Industrial Design Act.
D) Copyright protects combinations of configuration and ornamentation.

Question 15

The ability to exclude others from using technology arises from which of the following?

A) copyright
B) trademarks
C) patents
D) industrial designs

Question 16

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

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 17

What is the traditional view of patent law with respect to multi-jurisdictional operations?

A) Patent rights are territorial in nature.
B) Patent rights are non-territorial in nature.
C) Geographic boundaries are irrelevant to patent rights.
D) Geographic patent right boundaries are readily defined.

Question 18

Paulette's patent agent submitted her patent application to the Canadian patent office (CPO).The CPO stamped the application,noting a June 1,2010,filing date.In order to avoid this patent application being deemed abandoned,what must Paulette do?

A) remit payment annually each June of patent maintenance fees
B) request a delay for time to test the invention in the market
C) request the requisite examination prior to June 1, 2015
D) require use of "patent pending" on her invention

Question 19

Which of the following depicts the circumstances that 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 20

Rhafayl Furniture by Design Inc.owns several industrial design patents.Larroyce,Rhafayl's patent lawyer,confirmed 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) Proper marking by capitalized "R" inside a small circle is on all products.
B) Rhafayl's products all bear the registration mark "TM" inside a small circle.
C) Rhafayl's patents are in good standing re: annual maintenance fees.
D) Proper marking denoting the registration is on all Rhafayl's patented products.

Question 21

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 22

If a trademark is unregistered,how will it derive value?

A) from a presumption of ownership and validity
B) from its perceived good will, 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 23

How would a trademark applicant demonstrate title to a trademark?

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

Question 24

Which of the following would a business law professor most likely identify as being a connection between trademarks and tradenames?

A) The use of both to denotes 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 tradenames that receive protection under trademark law.

Question 25

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 26

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.Which of the following is most likely the cause of this conflict?
)

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

Question 27

With respect to recognition of joint authorship under copyright law,which of the following elements would a registrar most likely require to be established?

A) intentional joint authorship
B) joint origin of the work
C) fixation
D) public performance

Question 28

In which of the following are paternity,integrity,and association the most important contributing factor?

A) patent rights
B) trademarks rights
C) copyrights
D) moral rights

Question 29

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

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

Question 30

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 31

Which of the following represents what is meant by "the heart" with respect to trademark law?

A) the Canadian presence requirement
B) establishing title to the trademark
C) the distinctiveness of the mark
D) establishing trademark's registrability

Question 32

What is the commonality shared between 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 tradename
C) public confusion relating to tradename
D) public authority to use official marks

Question 33

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 34

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 domain name provider re: bad-faith registration.
C) Initiate a search by the registrar to ascertain entitlement on first-registered basis.
D) Institute court proceedings for copyright infringement.

Question 35

In order to attract copyright protection,which of the following must a work possess?

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

Question 36

Sun Power Generation Corp.has applied for 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 right 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 37

Once the trademark office has included EcoGrow Corp.'s trademark in its journal publication,which of the following results would likely present the greatest challenge for the applicant to overcome?

A) issuance of the registrar's certificate of trademark
B) objection grounded on better title to trademark
C) remittance of the prescribed registration fee
D) remittance of list of associated products or services

Question 38

In the case of Mattel v.3894207 Canada Inc.2006 SCC 22,the court's decision was based on the facts and evidence,which included the absence of any instances of actual confusion.With regard to the determination of confusion resulting from the difference between goods and services associated with trademarks,which of the following would a trademark lawyer most likely identify as denoting the clarity given by the court?

A) It is the determining factor considered by courts.
B) The determining factor resides solely in distinctiveness of the wares or services.
C) The determining factors reside in the nature of the trade and length of time of use.
D) It is only one of several factors to be considered.

Question 39

With respect to copyright infringement,which of the following is the relationship between the qualitative and quantitative aspects of copying a substantial part of another's work?

A) determines whether the author has a valid right to object to dealings with or uses of it
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 40

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

A) assurance of fair dealing
B) protection of honour and reputation
C) maintaining confidentiality
D) making a profit through sale

Question 41

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

Question 42

As the technological evolution continues,items such as computers,cellphone video cameras,and MP3 players readily facilitate the unimpeded use of intellectual property with impunity.

Question 43

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 44

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 copyright infringement of music.

Question 45

Establishment of multi-jurisdictional operation and advances in communication technologies have made geographic boundaries obvious to define.

Question 46

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 47

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

Question 48

The specific exemption from copyright protection permitting an owner to make a copy for adaptation for use directly relates to which of the following?

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

Question 49

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

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

Question 50

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

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

Question 51

Patents protect inventions and are essential to businesses for distinguishing goods and services of one provider from those of another.

Question 52

Which of the following 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) determination of economic value
C) security of confidential business information
D) express obligations

Question 53

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 54

Which of the following would a business law professor indicate as the most effective means of exploiting the value residing in protected intellectual property?

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

Question 55

A word,symbol,design,or any combination of these used to distinguish the source of goods or services is known in intellectual property law as a distinguishing guise.

Question 56

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 57

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 58

In the absence of an express provision regarding confidence,how may an obligation of confidence arise?

A) nature of the business
B) disclosure agreement
C) fiduciary relationship
D) breach of express provision

Question 59

Under what circumstances is a plaintiff required to demonstrate the existence of a serious issue to be tried,that irreparable harm may occur,and that the balance of convenience favours the plaintiff?

A) an application for an Anton Pillar order
B) an application to seize and inspect evidence of infringement
C) an injunction for intellectual property infringement
D) an injunction for seizure of property before judgment

Question 60

The president of Amanda's organization has instructed that all strategic business information be protected due to its confidentiality.Which of the following will provide the most effective means of acquiring that protection?

A) Protection is afforded exclusively through breach of confidence.
B) Protection is afforded exclusively through express or implied terms of confidence.
C) Protection is afforded through breach of express or implied terms or confidence.
D) Protection is afforded through the trade secret application process.

Question 61

Briefly discuss the Berne Convention,including who it applies to and what it provides.

Question 62

Briefly discuss how entitlement to registration of a trademark is established.

Question 63

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

Question 64

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 65

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

Question 66

A court will grant an injunction before trial in a matter involving 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 67

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

Question 68

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 69

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 70

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.

Question 71

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 72

The key to answering the vexing question of what is substantial with respect to copyright infringement lies in the determination of whether the part taken is a key or distinctive part.

Question 73

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 74

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 75

Discuss the rights attributable to a registered industrial design.

Question 76

Identify the factors that must be considered in order to assess whether a dealing is fair.

Question 77

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

Question 78

A licence of intellectual property permits the transfer of a right by an assignor to the assignee.

Question 79

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