Question 1

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 2

In Harvard College v.Canada (Commissioner of Patents),Harvard 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.

Question 3

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.

Accepted Answer

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Question 4

Which of the following is false with regard to the law of landlord and tenant,lessor and lessee?

Accepted Answer

A)  A lease agreement is a contract that grants an estate in land; i.e., it gives the lessee exclusive possession for a period of time. 
B)  If a commercial lessee defaults on his rent, the lessor has the power to seize the lessee's property left on the premises. 
C)  Residential properties are governed by provincial statute and vary from jurisdiction to jurisdiction. 
D)  A tenancy is primarily contractual and therefore does not "run with the land"; it does not bind a purchaser of the building. 
E)  The law of frustration applies to residential leases.

Question 5

What is a chattel?

Accepted Answer

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Question 6

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

Accepted Answer

A)  There is no duty not to disclose trade secrets, unless specified in contract. 
B)  Trade secrets include such things as formulas, patterns, recipes. 
C)  The information must be fully disclosed under the provincial Trade Secrets Act. 
D)  The employee need not be informed that the information is confidential. 
E)  Personal information cannot be a trade secret, even if it affects the business.

Question 7

Which of the following is true with respect to the application of intellectual property law to the internet?

Accepted Answer

A)  Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use. 
B)  Because of the "wild west" nature of the internet, websites have typically been exempt from traditional trademark and copyright laws. 
C)  In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. 
D)  If a user accesses a website on which a trademark appears, an actionable infringement has taken place. 
E)  The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the internet.

Question 8

Explain what is meant by a landlord's obligation to provide "quiet enjoyment."

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Question 9

Joe borrowed his neighbour Sam's lawn mower,and at the same time Sam asked Joe to look after a valuable camera for him while he was on vacation.Explain in relation to which of these items Joe has a higher duty to be careful.

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Question 10

Discuss,in the context of commercial tenancies,what a business person ought to do to reduce his or her risk.

Accepted Answer

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Question 11

Explain the concept of "delivery up."

Accepted Answer

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Question 12

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

Question 13

An option agreement is

Accepted Answer

A)  a contract transferring the fee simple to a new owner. 
B)  a contract by which the offeror of property promises to hold his offer open for a period of time during which the offeree can accept the offer and the property can't be sold to another. 
C)  a contract by which an offeree promises to buy the property offered at a later date set in the contract. 
D)  a contract that provides that a seller will retain the title in the property until the buyer has made all of the required payments. 
E)  a contract that provides that a debtor will transfer title in property to a creditor as security for repayment of the debt.

Question 14

Distinguish between a tenancy in common and a joint tenancy.

Accepted Answer

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Question 15

Explain how a patent is obtained.

Accepted Answer

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Question 16

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

Accepted Answer

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Question 17

Zack,Virgil,and Craig,friends for several years and all worried about the alarming rise in land prices,want to go in together and buy a four-acre parcel in the country.There is a small cabin on it.They hope that the land value will appreciate,and they want to sell it in a few years to help finance a house of their own.Read each of the following separately and indicate which is true with regard to their ownership of this property.

Accepted Answer

A)  If they do not indicate on the transfer documents the nature of the co-ownership, the law presumes they will take as joint tenants. 
B)  In Canada, in strict legal terms, the only owner of land is the Crown, and if they buy land free and clear, they are only getting a life estate. 
C)  Ownership of the fee simple does not guarantee their right to everything below the surface of their property. 
D)  If they buy the land and do not take possession, in some provinces they could lose their right to claim possession, and their rights become a fee simple estate. 
E)  Ownership of the property entitles them not only to the surface of the earth between the boundaries, but also to the infinite airspace above and everything below the surface of their property.

Question 18

In an article about the patents held by the Research Services Office at the University,it was written that none of the patents were there because someone set out to invent something new."If we knew what it was that creates innovation,we would all be millionaires ...it's chance,brilliance,an offhand remark ...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention?

Accepted Answer

A)  a new and useful machine 
B)  an original artistic work 
C)  a significant scientific principle 
D)  novel information used in a person's business which gives him or her a competitive edge 
E)  a unique mark identifying a business or product

Question 19

What is meant by a "reversionary interest" in a life estate?

Accepted Answer

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Question 20

Jurg was hosting a luncheon when his punchbowl broke.He went next door and asked his neighbour,Ethan,if he could borrow his.Ethan reluctantly agreed,commenting that the punchbowl was a family heirloom.This made Jurg a little nervous.On his way back home,he was wondering what his responsibility would be in relation to the bowl.Which one of the following statements is true?

Accepted Answer

A)  Because this is a gratuitous bailment for Jurg's benefit, Jurg must be reasonably careful that no harm or damage comes to the punchbowl. 
B)  Because this is a gratuitous bailment, Jurg has no legal obligation in relation to the punchbowl. 
C)  Because Jurg borrowed the punchbowl, he must return it in the same condition and is liable for any damage howsoever caused. 
D)  Because Ethan lent the punchbowl to him reluctantly, the rules of an involuntary bailment apply. 
E)  Because the punchbowl is valuable, the rules of a bailment for value will be enforced.

Exam 13: Real, Personal, and Intellectual Property