Question 1

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

Accepted Answer

This refers to a cat

Question 2

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)  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. 
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 3

Indicate three things that cannot be patented.

Accepted Answer

Theories, obvious improvements

Question 4

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

Accepted Answer

The Anton Piller Order or an i

Question 5

Explain what is meant by moral rights under copyright law.

Accepted Answer

If the author of the work assigns that c

Question 6

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

Accepted Answer

The 2012 amendments to the Copyright Act

Question 7

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

Accepted Answer

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. 
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 8

What rights are obtained by the granting of a patent?

Accepted Answer

The granting of a patent gives

Question 9

Indicate the kinds of things that are covered by trademark legislation.

Accepted Answer

Terms, symbols, design, or a c

Question 10

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 11

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?

Accepted Answer

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. 
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.

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

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. 
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 14

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

Accepted Answer

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 
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 15

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.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is False with regard to trademark?

Accepted Answer

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. 
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 17

What is the period of protection associated with patent law?

Accepted Answer

Twenty years from th

Question 18

Explain the concept of an "enhanced injunction."

Accepted Answer

This is a remedy under the Cop

Question 19

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

Accepted Answer

The copyright holder has the r

Question 20

Which of the following is true with regard to trademark?

Accepted Answer

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. 
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.

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

Indicate three things that cannot be patented.

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

Explain what is meant by moral rights under copyright law.

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

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

What rights are obtained by the granting of a patent?

Indicate the kinds of things that are covered by trademark legislation.

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

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?

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

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

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

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.

Which of the following is False with regard to trademark?

What is the period of protection associated with patent law?

Explain the concept of an "enhanced injunction."

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

Which of the following is true with regard to trademark?

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

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

Indicate three things that cannot be patented.

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

Explain what is meant by moral rights under copyright law.

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

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

What rights are obtained by the granting of a patent?

Indicate the kinds of things that are covered by trademark legislation.

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

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?

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

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

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

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.

Which of the following is False with regard to trademark?

What is the period of protection associated with patent law?

Explain the concept of an "enhanced injunction."

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

Which of the following is true with regard to trademark?

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