Question 1

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?

Accepted Answer

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

Question 2

Canwell developed a chemical formula that it began selling.Just over a year later,it applied for a patent.Which of the following statements would be true?

Accepted Answer

A) Canwell was entitled to a patent,as all necessary elements had been satisfied. 
B) Canwell was not entitled to a patent.A corporation cannot seek patent protection,only an individual can. 
C) Canwell was not entitled to a patent.A formula cannot qualify as an invention capable of being protected by patent. 
D) Canwell was not entitled to a patent.Patent protection can only be extended to mechanical,not chemical,inventions. 
E) Canwell was not entitled to a patent.To qualify as "new," the invention must not have been disclosed more than one year prior to application. 
A) Canwell was entitled to a patent,as all necessary elements had been satisfied. 
B) Canwell was not entitled to a patent.A corporation cannot seek patent protection,only an individual can. 
C) Canwell was not entitled to a patent.A formula cannot qualify as an invention capable of being protected by patent. 
D) Canwell was not entitled to a patent.Patent protection can only be extended to mechanical,not chemical,inventions. 
E) Canwell was not entitled to a patent.To qualify as "new," the invention must not have been disclosed more than one year prior to application.

Question 3

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

Accepted Answer

It must be a new and useful art,process,

Question 4

Which of the following is true with regard to trade secrets?

Accepted Answer

A) Trade secrets are often not protected by patent,copyright,or trademark. 
B) Trade secrets are protected automatically by the law of patents. 
C) The protection afforded for trade secrets applies only to personal information,not to commercial matters. 
D) 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 profit realized from its use. 
E) 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. 
A) Trade secrets are often not protected by patent,copyright,or trademark. 
B) Trade secrets are protected automatically by the law of patents. 
C) The protection afforded for trade secrets applies only to personal information,not to commercial matters. 
D) 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 profit realized from its use. 
E) 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.

Question 5

An application can be brought to have a trademark expunged where there has been misrepresentation with respect to the application or for some other reason the mark doesn't qualify for registration,and this challenge can be brought even years after the trademark has been registered.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) Registration of copyright is restricted to published works. 
B) Copyright law is governed by the Copyright Act,but an author need not register under the statute to acquire copyright. 
C) Everyone can receive copyright protection in Canada for his or her work created elsewhere. 
D) A Canadian author must register upon the creation of his or her book in order to acquire copyright protection. 
E) Generally,the term of copyright is 50 years. 
A) Registration of copyright is restricted to published works. 
B) Copyright law is governed by the Copyright Act,but an author need not register under the statute to acquire copyright. 
C) Everyone can receive copyright protection in Canada for his or her work created elsewhere. 
D) A Canadian author must register upon the creation of his or her book in order to acquire copyright protection. 
E) Generally,the term of copyright is 50 years.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

It is inaccurate.It is common for a publ

Question 10

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?

Accepted Answer

A) Anton Piller order 
B) interlocutory injunction 
C) order for an accounting 
D) execution order 
E) all of the above 
A) Anton Piller order 
B) interlocutory injunction 
C) order for an accounting 
D) execution order 
E) all of the above

Question 11

Fred worked for a software firm,Lernit Inc.,which was developing a computer program to help illiterate adults learn to read.Fred had signed a three-year contract with Lernit,which included a clause in which he promised not to disclose confidential information.After he had worked there for almost two years,Fred was approached by a retired English teacher,Mr.Wright,who was trying to develop a similar program but needed a skilled programmer.Wright offered Fred about twice the salary and a share in the proceeds from the sale if he would join with him and bring with him a copy of Lernit's program to date.Fred did leave Lernit and did bring the requested program,although it was marked "confidential." Within about two months,Mr.Wright and Fred began to market the finished program,a program very similar to that being developed by Lernit.Mr.Wright estimated that Fred and his information saved him about eight months of work.On these facts,which of the following is true?

Accepted Answer

A) Lernit could sue Fred for breach of contract. 
B) Lernit could sue Mr.Wright for inducing breach of contract. 
C) Lernit could sue Fred for breach of confidence/trade secret. 
D) Lernit could seek an injunction to stop Mr.Wright,even though Mr.Wright himself did not take confidential information. 
E) All of the above 
A) Lernit could sue Fred for breach of contract. 
B) Lernit could sue Mr.Wright for inducing breach of contract. 
C) Lernit could sue Fred for breach of confidence/trade secret. 
D) Lernit could seek an injunction to stop Mr.Wright,even though Mr.Wright himself did not take confidential information. 
E) All of the above

Question 12

Employers are particularly vulnerable to the misuse of their computer resources by employees.Discuss.

Accepted Answer

Employees may disclose confidential info

Question 13

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 with respect to the particular type of business,or similar products or services as indicated on the application. 
B) Registration of a trademark grants the owner protection for 15 years with the right to renew. 
C) Registration under the Trade-marks Act establishes a presumption that the person registered is the owner of the trademark. 
D) The distinctive design of a product container may be the subject of trademark protection. 
E) If a person registers a trademark but later fails to use it,protection of the mark will not be lost; it is still that person's and protected for the remainder of the period of protection granted. 
A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada with respect to the particular type of business,or similar products or services as indicated on the application. 
B) Registration of a trademark grants the owner protection for 15 years with the right to renew. 
C) Registration under the Trade-marks Act establishes a presumption that the person registered is the owner of the trademark. 
D) The distinctive design of a product container may be the subject of trademark protection. 
E) If a person registers a trademark but later fails to use it,protection of the mark will not be lost; it is still that person's and protected for the remainder of the period of protection granted.

Question 14

Canada's Copyright Act is likely to be amended under Bill C-11.What are the key changes expected with this legislation?

Accepted Answer

The new legislation will allow users to

Question 15

Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court.

Accepted Answer

A) True 
 B)False

Question 16

How long is the protection given under the Copyright Act?

Accepted Answer

Copyright protection is extended to auth

Question 17

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 Joe could have used,he was short of time and simply turned in the essay as his own and later used its ideas in the debate.Which of the following is true?

Accepted Answer

A) There can be no infringement of copyright by a student. 
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) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
D) Joe cannot use the essay in any way without infringing copyright. 
E) There would be an infringement of copyright when Joe used the essay as his own work. 
A) There can be no infringement of copyright by a student. 
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) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
D) Joe cannot use the essay in any way without infringing copyright. 
E) There would be an infringement of copyright when Joe used the essay as his own work.

Question 18

In Canada,the Copyright Board is a governmental regulatory body established under the Copyright Act.

Accepted Answer

A) True 
 B)False

Question 19

"Official marks" prohibit all others from using marks that might be confused with them,except for those that were pre-existing (as the rights of the owners of pre-existing marks cannot be violated).

Accepted Answer

A) True 
 B)False

Question 20

Indicate three things that cannot be used as a trademark.

Accepted Answer

Anything associated with royalty,nationa

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?

Canwell developed a chemical formula that it began selling.Just over a year later,it applied for a patent.Which of the following statements would be true?

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

Which of the following is true with regard to trade secrets?

An application can be brought to have a trademark expunged where there has been misrepresentation with respect to the application or for some other reason the mark doesn't qualify for registration,and this challenge can be brought even years after the trademark has been registered.

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

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

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

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

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?

Employers are particularly vulnerable to the misuse of their computer resources by employees.Discuss.

Which of the following is false with regard to trademark?

Canada's Copyright Act is likely to be amended under Bill C-11.What are the key changes expected with this legislation?

Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court.

How long is the protection given under the Copyright Act?

In Canada,the Copyright Board is a governmental regulatory body established under the Copyright Act.

"Official marks" prohibit all others from using marks that might be confused with them,except for those that were pre-existing (as the rights of the owners of pre-existing marks cannot be violated).

Indicate three things that cannot be used as a trademark.

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

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?

Canwell developed a chemical formula that it began selling.Just over a year later,it applied for a patent.Which of the following statements would be true?

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

Which of the following is true with regard to trade secrets?

An application can be brought to have a trademark expunged where there has been misrepresentation with respect to the application or for some other reason the mark doesn't qualify for registration,and this challenge can be brought even years after the trademark has been registered.

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

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

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

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

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?

Employers are particularly vulnerable to the misuse of their computer resources by employees.Discuss.

Which of the following is false with regard to trademark?

Canada's Copyright Act is likely to be amended under Bill C-11.What are the key changes expected with this legislation?

Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court.

How long is the protection given under the Copyright Act?

In Canada,the Copyright Board is a governmental regulatory body established under the Copyright Act.

"Official marks" prohibit all others from using marks that might be confused with them,except for those that were pre-existing (as the rights of the owners of pre-existing marks cannot be violated).

Indicate three things that cannot be used as a trademark.

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