Question 1

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?

Accepted Answer

A)  Sally owes no fiduciary duty to Chad even though she had a trusted position as an employee. 
B)  Chad could sue Sally for disclosing the information only if he had signed a non-disclosure clause. 
C)  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. 
D)  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. 
E)  Chad could sue Adolph for the tort of passing-off.

Question 2

What is meant by a chattel?

Accepted Answer

The answer of What is meant by a chattel?...

Question 3

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

Accepted Answer

The answer of When a person has the right to...

Question 4

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

Accepted Answer

The answer of Distinguish between what is protected under patent...

Question 5

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

Accepted Answer

The answer of What qualifications must be met in order...

Question 6

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

Accepted Answer

A)  could not claim copyright because the program would be part of a machine, which bars it from copyright protection. 
B)  would be better off to seek patent protection. 
C)  could claim copyright because there is a provision in the Copyright Act to that effect. 
D)  could claim copyright based on common law principles. 
E)  could not claim copyright because there is no provision in the Copyright Act nor case law that would give him protection.

Question 7

What is meant by "relief against forfeiture"?

Accepted Answer

The answer of What is meant by "relief against forfeiture"?...

Question 8

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

Accepted Answer

A)  a fiduciary relationship. 
B)  a chattel. 
C)  a fixture. 
D)  a choose in action. 
E)  a bailment.

Question 9

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?

Accepted Answer

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

Question 10

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

Accepted Answer

A)  The Court determined that the premises had been left in better condition than they were when the tenant took possession, and hence there was no award of damages. 
B)  The Court determined that the premises had to be left in the same condition they were when the tenant took possession, except for normal wear and tear, and there was an award for damages and lost income. 
C)  The conduct of the landlord resulted in a forfeiture of the lease, so no damages were payable. 
D)  The tenants had been evicted without cause, and so the landlord was required to pay damages on the counterclaim. 
E)  The Court determined that the premises had to be left in the same condition they were when the tenant took possession, except for normal wear and tear and there was an award for only damages.

Question 11

What rights are conveyed by the granting of a patent?

Accepted Answer

The answer of What rights are conveyed by the granting...

Question 12

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

Accepted Answer

A)  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. 
B)  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. 
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)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd. suffered a loss because of this unauthorized use of its symbol. 
E)  There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert were exactly like its symbol.

Question 13

Distinguish between real property and other forms of property.

Accepted Answer

The answer of Distinguish between real property and other forms...

Question 14

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

Accepted Answer

A)  Ms. Goode would have to comply with all the terms of this contract except for the part about the laurel hedge, because that is a positive covenant. 
B)  If Ms. Goode sells lot B to Mr. Ho, Mr. Ho could cut down the cedar trees because the promise was part of the contract between Mr. Bucks and Ms. Goode to which Mr. Ho was not privy, and which therefore does not affect him. 
C)  With regard to the right of way, lot B is the dominant tenement and lot A is the servient tenement. 
D)  If the right-of-way is properly registered in the land title office, it would bind subsequent purchasers of either lot A or lot B even though they were not privy to the original contract. 
E)  This kind of deal for land is not possible because it is too complicated.

Question 15

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?

Accepted Answer

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

Question 16

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

Accepted Answer

The answer of Who is responsible for the repair of...

Question 17

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

Accepted Answer

The answer of Explain what is meant by an ex...

Question 18

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

Accepted Answer

A)  punitive damages. 
B)  an injunction. 
C)  compensatory damages. 
D)  an accounting. 
E)  statutory damages.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Question 19

Joe worked for Harry's Fine Toys for a period of six years. In September, he left Harry's Fine Toys and went to Sam's Toy Shop, a competitor, disclosing Harry's Christmas line. What could Harry do under these circumstances?

Accepted Answer

The answer of Joe worked for Harry's Fine Toys for...

Question 20

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

Accepted Answer

A)  profit a prendre. 
B)  an estate in land. 
C)  adverse possession. 
D)  an easement by prescription. 
E)  a dominant tenement.

Exam 13: Real, Personal and Intellectual Property