Deck 13: Intellectual Property

Question 1

Monsanto Canada Inc. developed a strain of canola seed that was resistant to a herbicide that Monsanto produced. Monsanto patented this strain of genetically-engineered seed. Schmeiser, a farmer, noticed that some of his crop was resistant to this herbicide. He collected these seeds and replanted them. When it turned out his plants contained the genetically-modified genes, Monsanto sued for patent infringement. In the case of Monsanto Canada Inc. v. Schmeiser, what did the Supreme Court of Canada hold?

A) One can patent genetically altered plant forms. Monsanto lost the action, however, as the farmer's infringement was not deliberate.
B) While genetically altered plant forms can be patented for medical purposes, they cannot be patented for commercial gain.
C) One can patent genetically altered plant forms. By collecting, saving, and planting the seeds, the farmer infringed the Patent Act.
D) One cannot patent genetically altered plant forms. Life forms cannot properly be the subject of a patent application.
E) Possession of genetically-modified plants is illegal in Canada. Accordingly, the civil action was dismissed.

Answer 1

C

Question 2

Which of the following is essential for a work to have copyright protection?

A) The idea on which the work is based must be original.
B) The subject matter of the work must only fall into either musical or artistic categories.
C) The expression of the idea must be an original product of the author's own skill.
D) The expression of the idea will generally be sufficient.
E) The creator of the work must register his/her work in Canada.

Answer 2

C

Question 3

In Harvard College v. Canada (Commissioner of Patents), Harvard College sought protection for a genetically altered mouse. What was the result given the decision of the Supreme Court of Canada?

A) Unless the Patent Act is amended, higher life forms can only be patented under the doctrine of "sound prediction."
B) The oncomouse was granted patent protection on the basis that it was not the product of the laws of nature.
C) The oncomouse was granted patent protection on the basis that it was the product of inventiveness.
D) The oncomouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter.
E) Unless the Patent Act is amended, higher life forms cannot be patented in Canada.

Answer 3

E

Question 4

Which of the following correctly matches the term to its definition?

A) Enhanced injunction-monetary compensation to the the victim
B) Damages-court order that profits made from wrongdoing be paid over to the victim
C) Permanent injunction-court order prohibiting offending conduct
D) Statutory damages-damages in excess of the plaintiff's actual losses intended to punish
E) Punitive damages-court order to refrain from future infringements

Question 5

Which of the following is False with regard to copyright law in Canada?

A) A Canadian author automatically acquires copyright upon the creation of her book, if she wasn't employed to write it.
B) Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright.
C) Generally, the term of copyright is the life of the author plus fifty years.
D) Registration of copyright is restricted to published works.
E) Not everyone can receive copyright protection in Canada for his or her work created elsewhere.

Question 6

Which of the following is the correct definition of a chattel?

A) A chattel is a name used to describe the land registration system in place in the Western provinces.
B) Chattel is an intangible form of personal property, such as a debt or claim.
C) Chattel refers to intellectual property such as patents and copyrights.
D) Chattel is the term used to describe tangible personal property or movables.
E) The term chattel is a broad term used to describe any kind of property interest.

Question 7

After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments?

A) It became illegal to circumvent access control locks for copyrighted digital materials.
B) The YouTube exception was added.
C) All copyright requires registration to be protected domestically.
D) Education, satire, and parody were added to the allowable fair dealing uses.
E) The recording of television shows for later viewing was allowed.

Question 8

The effect of an Anton Piller order is to

A) stop infringement before trial.
B) seize material from the suspected wrongdoer.
C) prohibit the offender from dealing with certain products.
D) compensate holder of copyright.
E) require the infringer to pay over any profits.

Question 9

Tom, a classmate of yours at Red River College, was employed as a programmer by Mohawk Oil Company about three months after graduation. Because you could understand the program he was working on and because you write well, he called to ask if you wanted to take on the task of writing the manual to accompany the program. Read each of the following separately and indicate which is true.

A) The issue of who owns copyright in the manual depends solely on who writes it.
B) If two persons wrote the manual together, only one person can have ownership of the copyright.
C) If the company hires you as an employee to write the manual, the company would own copyright unless your employment contract provided otherwise.
D) If you contract as an independent contractor (independent consultant) with the company, and the contract does not specify otherwise, the company owns the copyright.
E) The owner of the copyright will be whoever first gets his claim of ownership in the copyright office.

Question 10

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

A) Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights.
B) Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases.
C) A professor automatically owns copyright in works created by a student for his or her class.
D) While a student owns the copyright in works he or she has created, a professor has moral rights in such works.
E) While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works.

Question 11

Pete is an accountant and Judy works in a bank, but every evening of last year they worked to create a clever computer game. When they finished, they had no difficulty in gaining the interest of a publisher. Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales. When the game was published, the advertising was rather vulgar but acceptable to Pete and Judy. They learned, however, that there was a further change - the villain had been changed and clearly represented a world leader of an Asian country. Pete and Judy were embarrassed and outraged. On these facts, which of the following is true?

A) They have no cause of action because once there has been an assignment of rights, the creators would not have their name on the product and thus no right to sue.
B) They have a cause of action, even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation.
C) They would have a cause of action only if the contract provided that there should be no alterations without their consent. Such a change would then be a breach of contract.
D) There is no protection here since a game is not something that can be copyrighted.
E) They have no protection here since they failed to register their copyright in the game.

Question 12

Which of the following is true with regard to our Canadian Copyright Act?

A) The statute is a provincial statute with each province having its own unique statutes.
B) The statute expressly provides that computer programs are not copyrightable.
C) The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation, name of creator.
D) The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary.
E) Copyright is protected both by statute and in common law.

Question 13

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.

A) When the defendant first infringes the copyright.
B) When the defendant can't pay the $10,000 awarded by the court for copyright infringement.
C) When the defendant refuses to stop infringing the plaintiff's copyright even after the court ordered an injunction.
D) When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work.
E) When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work.

Question 14

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could get a court order to allow him to search and seize the evidence. Which of the following is such an order?

A) Interlocutory injunction
B) Execution order
C) Anton Piller order
D) Order for an accounting
E) Order for specific performance

Question 15

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

A) statutory damages.
B) punitive damages.
C) an accounting.
D) compensatory damages.
E) an injunction.

Question 16

Three students chose to work on a directed study project for Planned Parenthood Association. The project included the creation of an app for inventory control. The students went to the library to get a book on the topic. The book was in the reserve section, so the students made three copies of the four relevant pages so that they could study them. They used the ideas from the book and created an original app and a manual. Later, when the students were preparing a report for their presentation, they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction. They copied those four pages and used them as their own for the beginning of their twenty page report. At the presentation, seven copies of the report were made (with the code and manual as appendices). On these facts, which of the following is true?

A) Although the students have created an app and a manual as a project, they would own the copyright on the app and the manual unless they had agreed otherwise.
B) When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright, and they have no defence.
C) Using the ideas from the book was an infringement of copyright.
D) Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report.
E) Because the copied pages were a very small part of the whole report, there was no infringement of copyright.

Question 17

Which of the following is not a remedy for a copyright infringement?

A) Interlocutory injunction
B) Anton Piller order
C) Permanent injunction
D) Certiorari
E) Damages

Question 18

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.

A) Orbison's legal representative could not sue because Roy Orbison died and thus so did his copyright.
B) Orbison's legal representative could not sue if Weird Al's lyrics were different, because the song would take on a whole new meaning.
C) If, before his death, Orbison has signed a license agreement with Weird Al allowing him to use the music, there could be no lawsuit against Weird Al no matter how offensive the lyrics turned out to be.
D) Weird Al could get protection for his original lyrics even if his lyrics were unpublished.
E) Weird Al could get no protection for his original lyrics unless he sent a copy of his lyrics to the Copyright Office along with his application for copyright.

Question 19

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

A) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him.
B) Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words.
C) There would be an infringement of copyright when Joe used the essay as his own work.
D) Joe cannot use the essay in any way without infringing copyright.
E) There can be no infringement of copyright by a student.

Question 20

Which of the following is true with regard to copyright law in Canada?

A) A Canadian author must register upon the creation of her book in order to acquire copyright protection.
B) Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright.
C) Generally, the term of copyright is fifty years.
D) Registration of copyright is restricted to published works.
E) Everyone can receive copyright protection in Canada for his or her work created elsewhere.

Question 21

Paul and Robert designed a new phone case that they want to introduce to a large market. They decide that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any smartphone. After playing with some symbols, they decide to use a slight variation of Apple Computer Ltd.'s apple symbol because it is pleasing to the eye and well known. Which of the following is true?

A) There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert is exactly like its symbol.
B) There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffers a loss because of this unauthorized use of its symbol.
C) It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others.
D) If Apple Computer Ltd. did sue Paul and Robert for infringement of trademark, it could ask the court for an injunction as well as for damages.
E) Even if Paul and Robert knowingly forged the trademark, they would only be liable in a civil action and could never be charged with a criminal offence.

Question 22

Aunt Juliet wants to know whether or not to register her trademark. Which of the following is true with regard to registration of trademarks?

A) Registration of the trademark would give her exclusive use of that mark nationwide even if she does not market her wares nationwide.
B) If she does not register her trademark under the Trademark Act, she will have no legal protection of her mark.
C) Trademarks can only consist of socially acceptable symbols or logos. Words and expressions must seek copyright protection.
D) Registration gives her the right to use her mark for her life plus fifty years.
E) A registered trademark is required for a passing-off action.

Question 23

Lodown Ltd., a company created by Mr. Day, became very successful over its ten-year history. The company was run by Day, as president, and three vice-presidents (Martin, Mull, and Rand) who made up the executive board. At their last meeting, Mr. Day announced that he had confidential information to share with them, namely, that his wife was terminally ill, that he was withdrawing from active management for an indefinite period of time, and that he would transfer his responsibilities to Martin. Rand repeated this information to others, and by doing, so he caused the company to lose a lucrative contract being negotiated. On these facts, which of the following is true?

A) Rand owes no fiduciary duty to the company as an officer of the company.
B) A non-disclosure provision is required, Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action.
C) In law, there can be an no action against Rand because the information he repeated was not a trade secret.
D) The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company.
E) Rand cannot be sued since the information disclosed was personal and did not deal directly with the business.

Question 24

Maureen, who frequently developed gadgets, had an idea for a machine that could feed her animals (cats, dogs, rabbits, and fish) while she was away on vacation for a week. She was very sure of the idea and began discussions with a manufacturer. Unfortunately, after it was concluded that he could make the machine, they could not agree on his proper compensation and they broke off negotiations. Shortly afterwards, this manufacturer, Easylife Ltd., began to manufacturer "the animal feeder" based on her idea. On these facts, which of the following is true?

A) The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit.
B) The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law.
C) The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment.
D) Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information.
E) Maureen has no action against the manufacturer because she had not patented her invention.

Question 25

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

A) The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit.
B) A duty is only owed when the information is copyrighted or patented.
C) There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information.
D) There is an obligation of duty, only if stems from contract law.
E) The duty is owed only between partners within a partnership.

Question 26

Which of the following is true with regard to the law governing patents?

A) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application.
B) Computer programs, as a general rule, can be patented as well as copyrighted, because they are a set of instructions to a computer.
C) If a patent is developed by an employee, the employee has the right to obtain the patent.
D) In exchange for the monopoly given under the Patent Act, the owner of the patent must disclose the invention in its entirety.
E) An amendment to the Patent Act allows patent protection automatically.

Question 27

Which of the following is true with regard to the law of trade secret/breach of confidence?

A) A person could seek protection under the law of trade secret and the law of copyright at the same time.
B) The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act.
C) The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition.
D) An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret.
E) An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use.

Question 28

Computer students who watched their teachers go out on strike were amazed when they heard about the difficult logistics required in such an operation. Two students spent two nights and two days developing an app for organizing a strike and picket line. It included such variables as legal requirements, number of sites, number of picketers, communications network, shifts, media contacts, etc. The students called their app "Picket Progress." The students took their package - code and manual - to a computer developer/publisher, Mr. Lacs, to discuss the feasibility of marketing the app. Lacs said it was feasible. However, negotiations, which had lasted over a two week period, broke down when Lacs rejected the students' terms in their licensing agreement. Three months later, the students learned that Lacs developed and published an app called "Picketers' Path" based on their ideas, with a manual that they recognized as theirs. On these facts, which of the following is true?

A) With regard to the app, Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law.
B) Because there was no non-disclosure agreement signed by Lacs, he cannot be sued for misuse of a trade secret.
C) The students' manual was not protected by copyright, because they had not yet applied for protection under the Copyright Act.
D) The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information.
E) The students cannot protect the app under the law of trade secrets because all the information it contained could be obtained by others, e.g., the law from the library, the necessities of picketers from observation or unions, etc.

Question 29

In an article about the patents held by the Research Services Office at the University of Waterloo, it was written that none of the patents were there because someone set out to invent something new. "If we knew what it was that creates innovation, we would all be millionaires... it's chance, brilliance, an offhand remark...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention?

A) A new and useful machine
B) An original artistic work
C) A significant scientific principle
D) Novel information used in a person's business which gives him or her a competitive edge
E) A unique mark identifying a business or product

Question 30

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

A) Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark.
B) Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public.
C) Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant was the same as his mark.
D) The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares.
E) If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against him.

Question 31

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken droppings and old leaves. This fuel also causes no wear on the engine of the car. Homer built a prototype in a workshop in his backyard. Before he seeks publicity, he would like to protect his invention and any business that emerges from the development and sale of his engines. In this regard, which of the following is False?

A) If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention.
B) Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application.
C) If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas.
D) If anyone steals his ideas, Ford could also sue in tort for injurious Falsehood.
E) If he obtains a patent, the protection will be for a period of 20 years.

Question 32

Which of the following is False with regard to trademark?

A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada.
B) Registration of a trademark grants the owner protection for 15 years with the right to renew.
C) If a person registers a trademark but later fails to use it, protection of the mark will not be lost. It is still his and is protected for the remainder of the period of protection granted.
D) The distinctive design of a product container may be the subject of trademark protection.
E) Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark.

Question 33

Which of the following is correct with respect to trade secrets?

A) There is no duty not to disclose trade secrets, unless specified in contract.
B) Trade secrets include such things as formulas, patterns, recipes.
C) The information must be fully disclosed under the provincial Trade Secrets Act.
D) The employee need not be informed that the information is confidential.
E) Personal information cannot be a trade secret, even if it affects the business.

Question 34

In order to obtain a remedy for the disclosure of confidential information or a trade secret, what must the plaintiff show?

A) That the employee intended to harm the employer
B) That there was a non-disclosure agreement
C) That the disclosure of information has caused harm
D) That the employee profited from the disclosure
E) That the information was not personal

Question 35

Which of the following is False with regard to trademark?

A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada.
B) Registration of a trademark grants the owner protection for 15 years with the right to renew.
C) If a person registers a trademark but later fails to use it, protection of the mark will not be lost. It is still his and protected for the remainder of the period of protection granted.
D) The distinctive design of a product container may be the subject of trademark protection.
E) Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark.

Question 36

Which of the following is true with regard to obtaining a patent?

A) The inventor's expression of the idea is automatically protected under the provincial Patent Act.
B) The Patent Act allows a patent to someone for an existing process or machine that is in use but has not been patented.
C) To obtain a patent, besides satisfying the provisions of the Patent Act, the inventor must show that the invention was not known or used by any other person before he or she invented it.
D) The inventor does not have to send specifications or a model when he sends his application.
E) If a patent application is denied, the inventor can apply for trademark protection instead.

Question 37

Which of the following is true with regard to the law of trade secrets/breach of confidence?

A) Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law.
B) Trade secret law is governed by a provincial statute.
C) While an employee is prohibited from disclosing confidential information he has learned on the job, he can use the general skills he has acquired on that job when he changes employment.
D) The court cannot award punitive damages, just compensatory damages, for breach of confidence.
E) The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting, e.g., stealing a company's customer list, plans, etc.

Question 38

Chad was the best private detective in the west. His system for tracking persons who have caused themselves to disappear was markedly superior to that of others. Sally, his only assistant, was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses. Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals. Sally and Chad took care that the discussions were understood to be confidential - regarding both the information from the RCMP and from Chad about his methods. Sally was approached by a competitor of Chad, Mr. Adolph, who offered her three times her salary if she would break her contract with Chad, sign with him, and bring him information about Chad's tracking system. After some months, she did just that. Furthermore, she told Adolph the details of the information given to Chad by the RCMP, which caused the RCMP embarrassment, time, and money. Which of the following is true?

A) Sally owes no fiduciary duty to Chad even though she had a trusted position as an employee.
B) Chad could sue Sally for breach of her employment contract, not only on the clause relating to the term of her employment, but also on the non-disclosure clause.
C) Chad could sue Adolph for the tort of passing-off.
D) The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition.
E) Chad could sue Sally for disclosing the information only if he had signed a non-disclosure clause.

Question 39

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

A) Yung cannot get a patent for his improvement because it is not entirely new or novel.
B) Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it.
C) Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine.
D) The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement.
E) Both Yung's improvement and the original machine lose their patent protection.

Question 40

Which of the following is true with regard to trademark?

A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada.
B) Registration of a trademark grants the owner protection for life plus 50 years with the right to renew.
C) If a person registers a trademark but later fails to use it, protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted.
D) The distinctive design of a product container cannot be the subject of trademark protection.
E) Registration under the Trademark Act provides protection for only registered trademarks. Unregistered marks and names are protected under the common law tort of copyright.

Question 41

Moral rights means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

Question 42

The mere possibility of confusion is sufficient to block a trademark application.

Question 43

The Copyright Act provides remedies in the form of statutory damages, enhanced injunction, and summary procedures.

Question 44

Chad was the best private detective in the west. His system for tracking persons who have caused themselves to disappear was markedly superior to that of others. Sally, his only assistant, was considered so valuable that he always had her sign five-year contracts with non-disclosure clauses. Sally took notes at a private meeting between Chad and a representative of the RCMP who was negotiating a contract with Chad for tracking down two criminals. Sally and Chad took care that the discussions were understood to be confidential-regarding both the information from the RCMP and from Chad about his methods. Sally was approached by a competitor of Chad, Mr. Adolph, who offered her three times her salary if she would break her contract with Chad, sign with him, and bring him information about Chad's tracking system. After some months, she did just that. Furthermore, she told Adolph the details of the information given to Chad by the RCMP, which caused the RCMP embarrassment, time, and money. Which of the following is False?

A) Sally owes a fiduciary duty to Chad because of her trusted position as an employee.
B) Chad could sue Sally for breach of her employment contract, not only on the clause relating to the term of her employment, but also on the non-disclosure clause.
C) Chad could sue Adolph for the tort of inducing breach of contract.
D) The RCMP could not sue Chad for breach of confidence because the information disclosed by Sally was not novel know-how that was giving the RCMP the cutting edge in business competition.
E) Chad could sue Sally for disclosing the information only if he had made it clear that the information was confidential and should not be disclosed.

Question 45

The 2012 amendments to the Copyright Act first provided copyright protection for computer software and hardware.

Question 46

Ownership of a copyright can be sold.

Question 47

If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

Question 48

Provincial legislation gives the right to copy or reproduce a created work to the author or owner and controls infringements.

Question 49

A patent gives the exclusive right to produce, market, and sell a new invention.

Question 50

It is possible for a trademark name to lose its status through common use.

Question 51

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

Question 52

A person can obtain copyright protection only when the idea upon which the work is based is original.

Question 53

Which of the following is true with respect to the application of intellectual property law to the Internet?

A) Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use.
B) Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws.
C) In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose.
D) If a user accesses a web site on which a trademark appears, an actionable infringement has taken place.
E) The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet.

Question 54

In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

Question 55

Trademarks are to prevent the deception of people who think they are dealing with the company usually associated with the symbol.

Question 56

The Industrial Design Act requires registration, within three years of its publication, of a unique shape, pattern, or ornament.

Question 57

In Canada, the Federal Court of Appeal recently allowed for a patent of methods of carrying on business, but business method patents have been available in the United States for some time.

Question 58

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

Question 59

When a trademark is registered, it gives protection for a period of 50 years.

Question 60

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

Question 61

When the author assigns his copyright to a purchaser, what rights does he still have in relation to the work?

Question 62

Alternative dispute resolution has been effective in settling certain types of Internet disputes.

Question 63

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

Question 64

Distinguish between copyright and patent.

Question 65

Joe wrote a short story that he was extremely proud of, brought it to you, and asked you about how to go about having it copyrighted. What would be your answer?

Question 66

"In Canada, copyright always resides with the author of the material." Discuss the accuracy of this statement.

Question 67

A person can only bring a passing-off action where there is no registered trademark involved.

Question 68

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

Question 69

What is an Anton Piller order?

Question 70

How long is protection given under the Copyright Act?

Question 71

Explain what is meant by moral rights under copyright law.

Question 72

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

Question 73

Explain what rights a copyright holder has in relationship to the work.

Question 74

Give three examples of matters covered by copyright legislation.

Question 75

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Question 76

Indicate four remedies that may be available to the victim of the breach of copyright.

Question 77

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

Question 78

An employee could not be sued for disclosing a company's customer list because no trade secret or unique manufacturing process is involved.

Question 79

What is an interlocutory injunction?

Question 80

Explain how the remedy of an accounting works when there has been a violation of copyright.