Question 1

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 creator of the work must register his or her work in Canada. 
C) The subject matter of the work must only fall into either musical or artistic categories. 
D) The expression of the idea must be an original product of the author's own skill. 
E) The expression of the idea will generally be sufficient. 
A) The idea on which the work is based must be original. 
B) The creator of the work must register his or her work in Canada. 
C) The subject matter of the work must only fall into either musical or artistic categories. 
D) The expression of the idea must be an original product of the author's own skill. 
E) The expression of the idea will generally be sufficient.

Question 2

In Canada,software is protected primarily under copyright law,although there are situations in which patent law will apply to software embedded in a particular invention.

Accepted Answer

A) True 
 B)False

Question 3

Discuss the Copyright Board,its responsibilities,and the tariff related to the copying of music that was levied under the Board's direction.

Accepted Answer

The Copyright Board,a government regulat

Question 4

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

Accepted Answer

The main type of common law protection w

Question 5

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

Accepted Answer

The copyright holder has the right to co

Question 6

Explain how a patent granted in Canada provides certain rights to the patent holder in some other countries.

Accepted Answer

Once a patent is granted in Canada,prote

Question 7

Which of the following is true with regards to passing-off?

Accepted Answer

A) In a passing-off action,the onus is on the plaintiff to prove that actual monetary damages were caused. 
B) The law concerning passing-off is founded in contract law. 
C) Passing-off requires some proof of actual confusion. 
D) The law of passing-off does not require proof of any intent to deceive or misrepresent. 
E) In a passing-off action,proof of trademark registration must be established. 
A) In a passing-off action,the onus is on the plaintiff to prove that actual monetary damages were caused. 
B) The law concerning passing-off is founded in contract law. 
C) Passing-off requires some proof of actual confusion. 
D) The law of passing-off does not require proof of any intent to deceive or misrepresent. 
E) In a passing-off action,proof of trademark registration must be established.

Question 8

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

Question 9

Harvard College sought protection for a genetically altered mouse.Which of the following statements would be true?

Accepted Answer

A) Unless the Patent Act is amended,higher life forms cannot be patented in Canada. 
B) The mouse was granted patent protection on the basis that it was not the product of the laws of nature. 
C) Unless the Patent Act is amended,higher life forms can only be patented under the doctrine of "sound prediction." 
D) The mouse was granted patent protection on the basis that it was the product of inventiveness. 
E) The mouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter. 
A) Unless the Patent Act is amended,higher life forms cannot be patented in Canada. 
B) The mouse was granted patent protection on the basis that it was not the product of the laws of nature. 
C) Unless the Patent Act is amended,higher life forms can only be patented under the doctrine of "sound prediction." 
D) The mouse was granted patent protection on the basis that it was the product of inventiveness. 
E) The mouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter.

Question 10

Which of the following is true of copyright law in Canada?

Accepted Answer

A) A creator's ownership of copyright is created only when that copyright is registered pursuant to the federal Copyright Act. 
B) A person who copies any work or part of a work is infringing copyright and his or her reason for doing so is irrelevant. 
C) A person who infringes copyright is subject to a civil action and a criminal action under provisions in the Copyright Act. 
D) Canada's Copyright Act,a federal statute,provides that a person can infringe copyright so long as it is not for profit. 
E) The Copyright Act sets out who owns the rights when the author is an employee or a consultant,and its provisions cannot be changed by contract. 
A) A creator's ownership of copyright is created only when that copyright is registered pursuant to the federal Copyright Act. 
B) A person who copies any work or part of a work is infringing copyright and his or her reason for doing so is irrelevant. 
C) A person who infringes copyright is subject to a civil action and a criminal action under provisions in the Copyright Act. 
D) Canada's Copyright Act,a federal statute,provides that a person can infringe copyright so long as it is not for profit. 
E) The Copyright Act sets out who owns the rights when the author is an employee or a consultant,and its provisions cannot be changed by contract.

Question 11

Discuss the registration requirements of industrial designs.

Accepted Answer

Registration takes place through the Ind

Question 12

Lodown Ltd.,a company created by Mr.Day,became very successful over its 10-year history.The company was run by Day,as president,and three vice presidents (Martin,Mull,and Rand)who made up the executive board.At their last meeting,Day announced that he had confidential information to share with them-namely,that his wife was terminally ill,that he was withdrawing from active management for an indefinite period of time,and that he would transfer his responsibilities to Martin.Rand repeated this information to others,and by doing so,he caused the company to lose a lucrative contract being negotiated and also caused Day personal embarrassment and monetary loss in his personal affairs.On these facts,which of the following is true?

Accepted Answer

A) Rand cannot be sued since the information disclosed was personal and did not deal directly with the business. 
B) Rand owes no fiduciary duty to the company as an officer of the company. 
C) A non-disclosure provision is required; Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action. 
D) In law,there can be no action against Rand because the information he repeated was not a trade secret. 
E) The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company. 
A) Rand cannot be sued since the information disclosed was personal and did not deal directly with the business. 
B) Rand owes no fiduciary duty to the company as an officer of the company. 
C) A non-disclosure provision is required; Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action. 
D) In law,there can be no action against Rand because the information he repeated was not a trade secret. 
E) The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company.

Question 13

Distinguish between a trademark action and a passing-off action.

Accepted Answer

Even where there is no registered tradem

Question 14

Which of the following is incorrect with respect to views related to the Copyright Act and Bill C-11?

Accepted Answer

A) The creators want more protections,allowing them to earn a living from their creations. 
B) Large commercial publishers want more restrictions to protect their profits. 
C) Users would be the most satisfied with proposed amendments to the Act,as they would have complete freedom to make copies,back up,format shift,time shift,and create mash-ups. 
D) Intermediaries are interested in being able to escape any liability for the service they provide. 
E) All parties seem dissatisfied with the changes proposed in Bill C-11. 
A) The creators want more protections,allowing them to earn a living from their creations. 
B) Large commercial publishers want more restrictions to protect their profits. 
C) Users would be the most satisfied with proposed amendments to the Act,as they would have complete freedom to make copies,back up,format shift,time shift,and create mash-ups. 
D) Intermediaries are interested in being able to escape any liability for the service they provide. 
E) All parties seem dissatisfied with the changes proposed in Bill C-11.

Question 15

It is possible for a trademark name to lose its status through common use.

Accepted Answer

A) True 
 B)False

Question 16

When an author assigns copyright to a purchaser,what rights does he or she still have in relation to the work?

Accepted Answer

The author has moral rights in

Question 17

Explain how one might secure a patent in some European countries.

Accepted Answer

One may file an application in the Europ

Question 18

Laura is concerned that her emails may be read by third parties and that her internet "surfing" is being tracked by businesses hoping to use the information to inundate her with unsolicited email advertising.She is also convinced that embedded software devices on her computer give others the ability to access her private information.Her friends think she is just being paranoid.Which of the following is true in respect of privacy on the internet?

Accepted Answer

A) Now that privacy rights are legally protected,internet users should feel secure in providing private information online. 
B) Although privacy laws are being enacted as precautionary measures,voluntary protection of privacy has proven overwhelmingly successful. 
C) Every Canadian province is governed by the provisions of the federal Personal Information Protection and Electronic Documents Act. 
D) Since email communication is not secure,the best way to ensure privacy is through encryption. 
E) While unencrypted data are susceptible to unauthorized access,encryption of information communicated online provides perfect protection against hackers. 
A) Now that privacy rights are legally protected,internet users should feel secure in providing private information online. 
B) Although privacy laws are being enacted as precautionary measures,voluntary protection of privacy has proven overwhelmingly successful. 
C) Every Canadian province is governed by the provisions of the federal Personal Information Protection and Electronic Documents Act. 
D) Since email communication is not secure,the best way to ensure privacy is through encryption. 
E) While unencrypted data are susceptible to unauthorized access,encryption of information communicated online provides perfect protection against hackers.

Question 19

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Accepted Answer

when one business persuades an

Question 20

The remedies available to the court when intellectual property rights are infringed include an effective interim order known as an Anton Piller order.This remedy is often referred to as

Accepted Answer

A) a criminal search warrant. 
B) a fishing expedition. 
C) a strong prima facie case. 
D) a without notice examination for discovery. 
E) a civil search warrant. 
A) a criminal search warrant. 
B) a fishing expedition. 
C) a strong prima facie case. 
D) a without notice examination for discovery. 
E) a civil search warrant.

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

In Canada,software is protected primarily under copyright law,although there are situations in which patent law will apply to software embedded in a particular invention.

Discuss the Copyright Board,its responsibilities,and the tariff related to the copying of music that was levied under the Board's direction.

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

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

Explain how a patent granted in Canada provides certain rights to the patent holder in some other countries.

Which of the following is true with regards to passing-off?

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:

Harvard College sought protection for a genetically altered mouse.Which of the following statements would be true?

Which of the following is true of copyright law in Canada?

Discuss the registration requirements of industrial designs.

Distinguish between a trademark action and a passing-off action.

Which of the following is incorrect with respect to views related to the Copyright Act and Bill C-11?

It is possible for a trademark name to lose its status through common use.

When an author assigns copyright to a purchaser,what rights does he or she still have in relation to the work?

Explain how one might secure a patent in some European countries.

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

The remedies available to the court when intellectual property rights are infringed include an effective interim order known as an Anton Piller order.This remedy is often referred to as

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

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

In Canada,software is protected primarily under copyright law,although there are situations in which patent law will apply to software embedded in a particular invention.

Discuss the Copyright Board,its responsibilities,and the tariff related to the copying of music that was levied under the Board's direction.

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

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

Explain how a patent granted in Canada provides certain rights to the patent holder in some other countries.

Which of the following is true with regards to passing-off?

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:

Harvard College sought protection for a genetically altered mouse.Which of the following statements would be true?

Which of the following is true of copyright law in Canada?

Discuss the registration requirements of industrial designs.

Distinguish between a trademark action and a passing-off action.

Which of the following is incorrect with respect to views related to the Copyright Act and Bill C-11?

It is possible for a trademark name to lose its status through common use.

When an author assigns copyright to a purchaser,what rights does he or she still have in relation to the work?

Explain how one might secure a patent in some European countries.

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

The remedies available to the court when intellectual property rights are infringed include an effective interim order known as an Anton Piller order.This remedy is often referred to as

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