Question 1

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) If she does not register her trademark under the Trade-marks Act,she will have no legal protection of that mark. 
B) Trademarks can only consist of socially acceptable symbols or logos; words and expressions must seek copyright protection. 
C) A registered trademark is required for a passing-off action. 
D) Registration of the trademark would give her exclusive use of that mark nationwide with respect to the particular type of business,or similar products or services as indicated on the application even though she is not marketing her wares nationwide. 
E) Registration gives her the right to use her mark for her life plus 50 years. 
A) If she does not register her trademark under the Trade-marks Act,she will have no legal protection of that mark. 
B) Trademarks can only consist of socially acceptable symbols or logos; words and expressions must seek copyright protection. 
C) A registered trademark is required for a passing-off action. 
D) Registration of the trademark would give her exclusive use of that mark nationwide with respect to the particular type of business,or similar products or services as indicated on the application even though she is not marketing her wares nationwide. 
E) Registration gives her the right to use her mark for her life plus 50 years. D

Question 2

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

In the process of disclosing this information,Joe has violated his duty to his employer of confidentiality and can be sued for the damages suffered.

Question 3

Discuss the scope and purpose of the Personal Information Protection and Electronic Documents Act (PIPEDA).

Accepted Answer

This federal act came into force as of January 1,2004.It applies to all organizations in Canada involved in the collection,use,and disclosure of personal information in connection with all commercial activity.It applies to both health and non-health information,information gathered from websites,as well as subscriptions to magazines and internet services by an individual and any other personal information that a company has in its possession that relates to identifiable individuals.This Act requires that businesses and organizations develop a privacy policy that will protect all such private information from being disclosed to others.

Question 4

The effect of an Anton Piller order is to:

Accepted Answer

A) require the infringer to pay over any profits. 
B) stop offending conduct after trial. 
C) require the infringer to pay damages. 
D) compensate the holder of copyright. 
E) seize material from the suspected wrongdoer. 
A) require the infringer to pay over any profits. 
B) stop offending conduct after trial. 
C) require the infringer to pay damages. 
D) compensate the holder of copyright. 
E) seize material from the suspected wrongdoer.

Question 5

Ownership of a copyright can be sold.

Accepted Answer

A) True 
 B)False

Question 6

Separate privacy protection is provided under common law.

Accepted Answer

A) True 
 B)False

Question 7

Professor Grant developed an integrated circuit that might revolutionize the manufacture of televisions.He knows that he needs to protect his design,so he researches the Integrated Circuit Topography Act.Which of the following statements would be true related to registration of an integrated circuit?

Accepted Answer

A) Once the professor registers his integrated circuit in Canada,he will have to register in other countries as well but without the benefit of treaties related to integrated circuits. 
B) Once the professor registers the integrated circuit,he will have protection for 20 years. 
C) The professor must register the circuit board within two years of its first commercial use. 
D) Even with registration,an integrated circuit can be copied for commercial,research,and non-profit purposes. 
E) Registration takes place through the Industrial Design Division of the Canadian Intellectual Property Office. 
A) Once the professor registers his integrated circuit in Canada,he will have to register in other countries as well but without the benefit of treaties related to integrated circuits. 
B) Once the professor registers the integrated circuit,he will have protection for 20 years. 
C) The professor must register the circuit board within two years of its first commercial use. 
D) Even with registration,an integrated circuit can be copied for commercial,research,and non-profit purposes. 
E) Registration takes place through the Industrial Design Division of the Canadian Intellectual Property Office.

Question 8

Where intellectual property is involved,what could be added to a contract or licence to strengthen the argument in support of an injunction if a breach does take place?

Accepted Answer

It is advisable to include a restrictive

Question 9

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

Accepted Answer

A) In exchange for the monopoly given under the Patent Act,the owner of the patent must disclose the invention in its entirety. 
B) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. 
C) Generally,if a patent is developed by an employee,the employer has the right to obtain the patent. 
D) An amendment to the Patent Act allows patent protection automatically. 
E) Computer programs can only be copyrighted (i.e.,they cannot be patented). 
A) In exchange for the monopoly given under the Patent Act,the owner of the patent must disclose the invention in its entirety. 
B) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. 
C) Generally,if a patent is developed by an employee,the employer has the right to obtain the patent. 
D) An amendment to the Patent Act allows patent protection automatically. 
E) Computer programs can only be copyrighted (i.e.,they cannot be patented).

Question 10

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

Accepted Answer

A) Before a trademark owner can sue successfully for an infringement,he or she must prove that the mark used by the defendant actually did confuse members of the public. 
B) 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 or her. 
C) The owner of a trademark can sue someone who forges his or her trademark,and can ask the court for an injunction,an accounting of profits,and custody of the offending wares. 
D) Once a trademark is registered,the owner of the trademark cannot lose the right to use that mark. 
E) Before a trademark owner can sue successfully for an infringement,he or she must prove that the mark used by the defendant was the same as his or her mark. 
A) Before a trademark owner can sue successfully for an infringement,he or she must prove that the mark used by the defendant actually did confuse members of the public. 
B) 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 or her. 
C) The owner of a trademark can sue someone who forges his or her trademark,and can ask the court for an injunction,an accounting of profits,and custody of the offending wares. 
D) Once a trademark is registered,the owner of the trademark cannot lose the right to use that mark. 
E) Before a trademark owner can sue successfully for an infringement,he or she must prove that the mark used by the defendant was the same as his or her mark.

Question 11

The Criminal Code has been updated to make identity theft and fraud an indictable offence punishable by up to 10 years in prison.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is true with regard to patent protection?

Accepted Answer

A) The patent protection order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all profit realized from its use. 
B) Unlike copyright,patent protection does not come automatically.It must be applied for. 
C) Patent protection for property lasts for a period of 15 years and is renewable,but it must be used during that time or it will be considered abandoned. 
D) Unlike copyright,patents can extend to "every original literary,dramatic,musical and artistic work" produced in Canada. 
E) Computer software is never patentable in Canada. 
A) The patent protection order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all profit realized from its use. 
B) Unlike copyright,patent protection does not come automatically.It must be applied for. 
C) Patent protection for property lasts for a period of 15 years and is renewable,but it must be used during that time or it will be considered abandoned. 
D) Unlike copyright,patents can extend to "every original literary,dramatic,musical and artistic work" produced in Canada. 
E) Computer software is never patentable in Canada.

Question 13

Distinguish between copyright and patent.

Accepted Answer

Copyright protects the expression of an

Question 14

Explain how trademark protection is obtained.

Accepted Answer

An unregistered trademark is entitled to

Question 15

Believing that he was a very creative person,and knowing he was broke,Sam decided he would attempt to sell some of the songs he continually created.He mostly just whistles his new tunes,but he now wants them to be protected by copyright.Which of the following is not a requirement for copyright protection?

Accepted Answer

A) The idea on which Sam's songs are based must be original. 
B) Sam's songs must be original and not a copy of someone else's work. 
C) Sam's songs must be put in some material form. 
D) Sam has to satisfy a citizenship or residence requirement. 
E) Sam's songs must fall into one of the specified categories of work protected by the Copyright Act (e.g.,literary,dramatic). 
A) The idea on which Sam's songs are based must be original. 
B) Sam's songs must be original and not a copy of someone else's work. 
C) Sam's songs must be put in some material form. 
D) Sam has to satisfy a citizenship or residence requirement. 
E) Sam's songs must fall into one of the specified categories of work protected by the Copyright Act (e.g.,literary,dramatic).

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is the main objection to Canada's Copyright Act?

Accepted Answer

A) Users have objected to the strict rules and severe remedies in the Act,which have prevented users from pirating movies and music. 
B) It does not allow "fair dealing." 
C) It was copied from the U.S.law and does not respect the Canadian views of freedom. 
D) It is too restrictive in its protection against copying of digital material such as music,games,books,and movies. 
E) It does not provide sufficient protection against copying of digital material such as music,games,books,and movies. 
A) Users have objected to the strict rules and severe remedies in the Act,which have prevented users from pirating movies and music. 
B) It does not allow "fair dealing." 
C) It was copied from the U.S.law and does not respect the Canadian views of freedom. 
D) It is too restrictive in its protection against copying of digital material such as music,games,books,and movies. 
E) It does not provide sufficient protection against copying of digital material such as music,games,books,and movies.

Question 18

Unique sounds may be registered as trademarks but do not fall under copyright or patent protection.

Accepted Answer

A) True 
 B)False

Question 19

Once a patent has been granted in Canada,patents are automatically granted to the Canadian patent holder in other countries that are signatories to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty on Intellectual Property.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

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) There is an obligation of duty,but it stems from contract law. 
C) A duty is only owed when the information is copyrighted or patented. 
D) The duty is owed only between partners within a partnership. 
E) There must be a fiduciary duty in order to have a legal obligation not to disclose 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) There is an obligation of duty,but it stems from contract law. 
C) A duty is only owed when the information is copyrighted or patented. 
D) The duty is owed only between partners within a partnership. 
E) There must be a fiduciary duty in order to have a legal obligation not to disclose confidential information.

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

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?

Discuss the scope and purpose of the Personal Information Protection and Electronic Documents Act (PIPEDA).

The effect of an Anton Piller order is to:

Ownership of a copyright can be sold.

Separate privacy protection is provided under common law.

Where intellectual property is involved,what could be added to a contract or licence to strengthen the argument in support of an injunction if a breach does take place?

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

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

The Criminal Code has been updated to make identity theft and fraud an indictable offence punishable by up to 10 years in prison.

Which of the following is true with regard to patent protection?

Distinguish between copyright and patent.

Explain how trademark protection is obtained.

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

Which of the following is the main objection to Canada's Copyright Act?

Unique sounds may be registered as trademarks but do not fall under copyright or patent protection.

Once a patent has been granted in Canada,patents are automatically granted to the Canadian patent holder in other countries that are signatories to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty on Intellectual Property.

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

The Canadian Legal System

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Electronic Commerce and International Trade

Filters

Exam 9: Ideas and Information

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

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?

Discuss the scope and purpose of the Personal Information Protection and Electronic Documents Act (PIPEDA).

The effect of an Anton Piller order is to:

Ownership of a copyright can be sold.

Separate privacy protection is provided under common law.

Where intellectual property is involved,what could be added to a contract or licence to strengthen the argument in support of an injunction if a breach does take place?

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

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

The Criminal Code has been updated to make identity theft and fraud an indictable offence punishable by up to 10 years in prison.

Which of the following is true with regard to patent protection?

Distinguish between copyright and patent.

Explain how trademark protection is obtained.

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

Which of the following is the main objection to Canada's Copyright Act?

Unique sounds may be registered as trademarks but do not fall under copyright or patent protection.

Once a patent has been granted in Canada,patents are automatically granted to the Canadian patent holder in other countries that are signatories to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty on Intellectual Property.

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

The Canadian Legal System

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Electronic Commerce and International Trade

Filters