Deck 20: Intellectual Property

Question 1

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.

Answer 1

C

Question 2

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

Answer 2

C

Question 3

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

Answer 3

B

Question 4

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 5

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 6

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 7

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 8

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 9

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 10

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

Question 11

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

Question 12

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 13

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 14

With respect to the requirements for registration of a trademark,any person may file a notice of opposition within two months of the advertisement.Registration may be opposed on any of the following grounds EXCEPT

A)the application did not comply with the various formal requirements for filing.
B)the mark is not registrable.
C)the applicant is not the person entitled to registration.
D)the mark is part of grey marketing.
E)the mark is not "distinctive".

Question 15

Common or generic words such as "company,limited or commercial" are not trade markable.

Question 16

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 17

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 Piller 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 18

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.

Question 19

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 20

The legal definition of goodwill is the positive association that attracts customers towards the owner's wares or services rather than those of its competitor.

Question 21

What is an Anton Piller order?

Question 22

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 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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 29

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

Question 30

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

Question 31

There is no copyright of ideas.

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

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

Question 35

Genetic alterations in animals can be patented.

Question 37

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

Question 38

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

Question 39

Copyright arises automatically simply by the act of creation.

Question 40

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

Question 41

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

Question 42

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

Question 43

Where in Canada can an action be brought for infringement and where can any judgment be enforced?

Question 44

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

Question 45

An Anton Piller 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 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 47

Explain how confidential information is protected today.

Question 48

Briefly describe the practice known as "grey marketing".

Question 49

Explain the notion of fair dealing in copyright law.

Question 50

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