Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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?

Accepted Answer

In Canada, the work is automatically cop

Question 3

An arrangement allowing a court to make a decision based on affidavit evidence is known as ________.

Accepted Answer

The answer of An arrangement allowing a court to make...

Question 4

Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.

Accepted Answer

The main difference between copyright pr

Question 5

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

Accepted Answer

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 
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 6

What does it mean to say that works are in the "public domain"?

Accepted Answer

This refers to a cat

Question 7

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

Accepted Answer

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. 
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.

Question 8

What protection is given under trademark legislation?

Accepted Answer

It prevents others from using

Question 9

Explain the "YouTube exception" in the Copyright Act.

Accepted Answer

Non-commercial users are permitted to us

Question 10

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

Accepted Answer

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. 
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 11

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

Accepted Answer

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. 
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 12

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?

Accepted Answer

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. 
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 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

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. 
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 15

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.

Accepted Answer

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. 
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 16

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)  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. 
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.

Question 17

In order to successfully sue someone for violation of trademark, what must be established?

Accepted Answer

It must be established that th

Question 18

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

Accepted Answer

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. 
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 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

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

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?

An arrangement allowing a court to make a decision based on affidavit evidence is known as ________.

Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.

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

What does it mean to say that works are in the "public domain"?

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

What protection is given under trademark legislation?

Explain the "YouTube exception" in the Copyright Act.

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

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

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

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

In order to successfully sue someone for violation of trademark, what must be established?

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

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

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

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 13: Intellectual Property

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

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?

An arrangement allowing a court to make a decision based on affidavit evidence is known as ________.

Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.

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

What does it mean to say that works are in the "public domain"?

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

What protection is given under trademark legislation?

Explain the "YouTube exception" in the Copyright Act.

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

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

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

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

In order to successfully sue someone for violation of trademark, what must be established?

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

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

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

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters