Deck 20: Intellectual Property

Question 1

Albert,a graduate student at York University in Toronto,photocopied portions of a book copyrighted by the University of Toronto.Albert used the book to gain information vital to the preparation of his graduate thesis.On finding out what Albert did,the University of Toronto (U of T)sued Albert for copyright infringement.In this case,

A)U of T will not succeed because Albert can copy copyrighted works for the purpose of research.
B)U of T will not succeed because a university has no standing to bring a law suit.
C)U of T will succeed against Albert because it owns the copyright.
D)U of T will not succeed because Albert had no intention of infringing its copyright.
E)none of the above

Answer 1

A

Question 2

George & Co. ,Ltd.patented an invention in Canada in 2005 for which there is huge public demand.Happy Co.is in the same line of business,and has the capacity to meet the demand for the new product.In this situation,

A)if George & Co. ,Ltd.is not able to approach supplying the demand for the product,Happy Co.could apply for a compulsory license so it can manufacture the product.
B)George & Co. ,Ltd.may lose its patent altogether if it cannot meet the demand.
C)if Happy Co.is granted a compulsory licence,it must pay a reasonable royalty to George & Co. ,Ltd.
D)all of the above
E)none of the above

Answer 2

D

Question 3

A is employed as a research technician in a large technology company.In his employment contract there is a confidentiality provision prohibiting A from disclosing confidential information relating to the company.If A goes ahead and discloses the company's confidential information,he will be guilty of

A)industrial design infringement.
B)patent infringement.
C)trademark infringement.
D)breach of contract.
E)copyright infringement.

Answer 3

D

Question 4

Use this fact situation to answer the related questions that follow. Alice worked as an employee of a large computer conglomerate,but without an employment contract dealing with ownership of new software programs.As part of Alice's job,she produced a very unique software program for routing emergency calls to the U.S.Homeland Security Office.
In this case,the software program can only be

A)copyrighted by Alice.
B)copyrighted by the company.
C)patented by the company.
D)patented by Alice.
E)copyrighted by the Homeland Security Office.

Question 5

Use the fact situation in Q3 to answer the related question that follows. If the program were copyrighted by the company under a written employer-employee contract,

A)Alice would have the right to have her name associated with it no matter what the contract said.
B)Alice would have the right to have her name associated with it unless the contract said otherwise.
C)only Alice could license the program to the Homeland Security Office who wished to use it.
D)the length of copyright protection for the program would be 50 years.
E)neither Alice nor the company would have any rights unless the copyright was registered.

Question 6

For his new invention,Henry applied for a patent on May 12,1994,in Canada,on September 28,1994,in France,and on June 19,1994,in England.If Henry's patent was duly granted under the Union Convention of Paris on October 17,1994,his patent protection in France will expire on

A)September 28,2014.
B)June 19,2014.
C)May 12,2024.
D)May 12,2014.
E)October 17,2014.

Question 7

Which of the following is NOT a condition that must be satisfied for a mark to be registered?

A)The mark must not be clearly descriptive or deceptively misdescriptive of the character or quality of the wares or services,or their place of origin.
B)The mark must not be a word that is primarily merely the name or surname of an individual who is living or who died within the preceding 30 years.
C)The plaintiff must establish,with the support of witnesses,that the mark is his own.
D)The mark must not be the name of any of the wares or services in connection with which it is used.
E)The mark must not be likely to be confused with a registered trademark.

Question 8

Jack starts a music store called MusicHill.The store specializes in hip hop and other popular music for teenagers.Later,Mary also sets up her own music store and calls it Musichills.To protect his trademark,Jack may

A)register his mark under the Trade-marks Act.
B)bring a passing-off action against Mary.
C)register his mark under the Patents Act.
D)register his mark under the Copyright Act.
E)register his mark as an industrial design.

Question 9

Rogers Canada Ltd.has just created a very attractive,totally new design for a cell phone keypad for use in all of its cell phones.If the company wishes to protect its new design,it will do so under

A)the Copyright Act.
B)the Industrial Design Act.
C)the Patent Act.
D)the Trade-marks Act's service marks provisions.
E)all of the above

Question 10

Use this fact situation to answer the related questions that follow. John Bigs has been in business selling T-shirts for three years now.His T-shirts are called "Bigs" and have the silver and red logo design JB on the left front breast area.The entire public knows John's T-shirts by the name Bigs and the logo JB.John has just heard that another company is contemplating making T-shirts like his own using a logo in silver only that reads JB and intends to call them "BGs."
At common law

A)the name Bigs is John's trademark.
B)the logo JB is John's trade name.
C)the name Bigs is John's trade name and the logo JB is his trademark.
D)only the name Bigs is John's trade name,but the logo is not a trademark.
E)the silver and red logo JB is John's trade name.

Question 11

John Jones applied for a patent for his new invention in May 1992 and the patent was granted in 1994.The patent will expire in

A)May 2007.
B)May 2015.
C)May 2010.
D)50 years after John's death.
E)May 2012.

Question 12

A ________ is a right in a new invention,a ________ is a right to manufacture an artistic design,a ________ identifies a product or service,and a ________ is ownership in an artistic or literary work.

A)patent;trade name;distinctive guise;certification mark
B)compulsory licence;license;trademark;patent
C)patent;industrial design;trademark;copyright
D)industrial design;patent;trademark;copyright
E)trademark;compulsory licence;industrial design;copyright

Question 13

Enterprise Canada carries on the business of renting cars and has registered under the Trade-marks Act.A business consulting service calling itself Enterprise Canada would likely fail in an attempt to register such a name because "Enterprise Canada"

A)is a certification mark.
B)is probably a prohibited mark.
C)does not meet the "coined" requirement to be a trade name.
D)is not a sufficiently distinctive guise.
E)is not a service mark.

Question 14

Jack,at the request of Michael,makes copies of the latest CD of Jimmy Bones,a well-known pop star.Michael sell the CDs made for him by Jack to a store called Best Music.Best Music has no knowledge that the CDs being sold to it are pirated copies of the copyrighted work.Which of the above parties will be liable for copyright infringement?

A)Jack and Michael
B)Michael and Best Music
C)Jack,Michael,and Best Music
D)Jack
E)Michael

Question 15

Use the fact situation in Q6 to answer the related question that follows. If the other company actually makes the T-shirts and sells them,it will have committed

A)industrial design infringement
B)copyright infringement.
C)the common law tort of passing-off and a breach of section 7 of the Trade-marks Act.
D)the common law tort of passing-off only.
E)patent infringement.

Question 16

Which of the following is NOT a moral right?

A)the right to be associated with the work as its author by name or pseudonym or to remain anonymous
B)the right to the integrity of the work
C)the right to prevent the work from being distorted or mutilated
D)the right to prevent the work from being used in association with a product,service,or cause
E)the right to be paid upon the performance of the work

Question 17

A manufactures a container with a distinct ornamental shape to it,and now A's customers identify that design with A.if A wishes to protect the design of the container,A can

A)register the design as both a trademark and an industrial design.
B)register the design as an industrial design only.
C)patent the design.
D)copyright the design.
E)register the design as a trademark only.

Question 18

Great Film Company (GFC)makes movies in DVD format and sells them to video stores for sale or rental.It owns the copyright in the films and the DVDs.GFC has just learned that Shady Video Store (SVS)is making knock-offs or copies of its movies on DVD and selling them to the public.In this case,GFC can

A)sue SVS for damages for copyright infringement.
B)ask the court for an Anton Pillar order to permit GFC to go to SVS and seize the illegal DVDs.
C)ask the court for an injunction preventing SVS from copying and selling GFC's DVDs.
D)ask for an accounting of SVS's profits.
E)all of the above

Question 19

Use the fact situation in Q6 to answer the related question that follows. Assume that John Bigs has not secured the name and logo of the T-shirts by registration and that the other company registers the name and logo under the Trade-marks Act.In order to protect himself,John will

A)ask the court for an injunction.
B)sue for trademark infringement.
C)patent the name and logo.
D)bring proceedings to have the registration expunged.
E)sue for trade name infringement.

Question 20

Which of the following is NOT an element of the tort of passing-off?

A)The plaintiff's services and goods must enjoy a reputation that is of some value worth protecting.
B)The plaintiff must have suffered damage in consequence of passing-off.
C)The defendant must have misrepresented its goods,service,or business as those of the plaintiff.
D)The plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.
E)There must either be actual confusion or a likelihood of confusion in the public's mind between the goods and services of the plaintiff and those of the defendant.

Question 21

There is no copyright of ideas.

Question 22

Which of the following is NOT a feature of an industrial design that is protected under the Industrial Design Act?

A)the method of manufacturing the parts
B)the handle that opens the door
C)patterns on the design
D)the shape of patterns on the design
E)the shape of the design

Question 23

One of the elements of the tort of passing-off is that the plaintiff must establish beyond a reasonable doubt that the misrepresentation has taken place.

Question 24

A design that has a distinctive shape can only be protected by registration as an industrial design.

Question 25

A trademark does not have to be registered to be protected.

Question 26

Mary makes a photocopy of a textbook she is required to review for a class.Which of the following is true?

A)Mary is protected by the law regarding injunctions.
B)Mary is liable for infringement of a trademark.
C)Mary has to provide the author of the work with royalties for making the copy.
D)Mary is protected by the principle of fair dealing.
E)Mary is liable for copyright infringement.

Question 27

The copying of a musical work for the private use of the person copying it constitutes copyright infringement.

Question 28

Where an employee of a company invents a new machine during company time,only the employee can copyright it.

Question 29

Generally speaking,computer software can be protected by both copyrighting it and patenting it.

Question 30

Section 2 of the Trade-marks Act defines a trademark to include a distinguishing guise.

Question 31

Registration alone does not make a person the owner of a trademark.

Question 32

Alice invents a kayak rudder that is virtually identical to one for which Jim has a patent in Canada.Alice did not know of Jim's rudder and did not copy it.Alice should not produce and market her rudder in Canada because she could be liable for patent infringement.

Question 33

If A reproduces and sells a film whose author copyrighted it in a country that is not a signatory to the Berne Convention,the author cannot sue A for copyright infringement.

Question 34

A copyright assigned by A to B cannot be further assigned by B to C without the consent of A.

Question 35

Patent protection lasts 20 years from the date of the invention.

Question 36

Genetic alterations in animals can be patented.

Question 37

Patents granted based on applications filed before October 1989 last 20 years.

Question 38

A trademark may be renewed indefinitely and is relatively easy to register.Registration should therefore be completed by a business before it

A)seeks copyright protection.
B)asks its employees to execute a confidentiality agreement.
C)invests heavily in naming a company or promoting a brand.
D)claims an industrial design.
E)brings an action for impeachment.

Question 39

Copyright arises automatically simply by the act of creation.

Question 40

Features in an industrial design that are solely functional or utilitarian are not protected under the Industrial Design Act.

Question 41

Why is it important to seek an injunction in actions for copyright or trademark infringement?

Question 42

The protection of a business's intellectual property (IP)is a significant concern when dealing with employees,consultants,or independent contractors.Furthermore,as businesses develop a new concept with the assistance of employees,consultants,or independent contractors,issues of ownership and confidentiality must be addressed.What steps can businesses take to effectively protect their existing IP or the development of a new concept?

Question 43

What is an Anton Pillar order?

Question 44

Explain the notion of fair dealing in copyright law.

Question 45

An Anton Pillar order gives the party to whom it is granted the right to go into the business or other premises of someone who may be guilty of copyright infringement even before a lawsuit is commenced.In such a situation,what value would such an order have?

Question 46

The basic rights of the owner of copyright are different from his or her moral rights.Explain.

Question 47

Today,are downloaders likely to be guilty of copyright infringement,and why?

Question 48

Where a design is such as to give rise to both a trademark and an industrial design,is it wise to register it under the Industrial Design Act? Why or why not?

Question 49

Explain how confidential information is protected today.

Question 50

When does the common law tort of passing-off occur?

Question 51

Explain why an inventor might prefer to protect an invention by way of trade secret rather than applying for a patent.

Question 52

Is it always necessary to suffer damages before an action for passing-off can be brought?