Exam 9: Ideas and Information

Trademarks can be challenged up to 15 years after registration.

Businesses often possess confidential information including trade secrets.One of the dangers faced by modern businesses is the threat of a rogue employee being persuaded by a competitor to convey confidential information including customer lists to the competitor.Although this problem is difficult to prevent,the risk may be contained by ensuring all of the following except:

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

Three students chose to work on a directed study project for Planned Parenthood Association.The project included the creation of a computer program for inventory control.The students went to the library to get a book on the topic.The book was in the reserve section,so the students made three copies of the four relevant pages so they could study them.They used the ideas from the book and created an original program and a manual.Later,when the students were preparing a report for their presentation,they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction.They copied those four pages and used them as their own for the beginning of their 20-page report.At the presentation,seven copies of the report were made (with the program and manual as appendices).On these facts,which of the following is true?

Maureen,who frequently develops gadgets,had an idea for a machine that could feed her animals (cats,dogs,rabbits,and fish)while she was away on vacation for a week.She was very sure of the idea and began discussions with a manufacturer.Unfortunately,after it was concluded that it could make the machine,the parties could not agree on proper compensation and they broke off negotiations.Shortly afterwards,this manufacturer,Easylife Ltd.,began to manufacture "the animal feeder" based on Maureen's idea.On these facts,which of the following is true?

What protection is given under trademark legislation?

If a copyright owner has grounds for believing that a person is infringing his or her copyright,but fears that the infringer may destroy the evidence,the owner could go to court to get an Anton Piller order,which would allow seizure of the evidence.

Discuss the idea of the duty of confidentiality that an employee owes to the employer.Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Which of the following is true in respect of privacy law in Canada?

Under the Trade-marks Act,an application can be made for a proposed trademark where the mark has not yet been used and is not known to the public but will be used sometime in the future.

Explain the notice-and-notice system provided in Bill C-11.

Beth and Kate,trying to beat the competition to the market,were in a mad race to complete a book with a computer program that would aid gardeners in designing and maintaining their gardens.Because they knew another group in town was working on a similar project,they were very fearful that their work would be plagiarized (copied).Which of the following is false with regard to their safeguarding their work?

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison,and replace only Orbison's lyrics and publish it under the name "Blue by You," a song about domestic violence,which of the following is true? Assume that all are Canadian citizens governed by Canadian law.Read each separately.

Indicate four remedies that may be available to the victim of the breach of copyright.

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.

Which of the following is correct with respect to trade secrets?

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.

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

Explain how the remedy of an accounting works when there has been a violation of copyright.