Deck 22: Intellectual Property

Question 1

Which of the following is not an element of the tort of passing off?

A) The plaintiff must have suffered damage in consequence of passing off.
B) The plaintiff's services, and goods must enjoy a reputation that is of some value worth protecting.
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 that of the defendant.

Answer 1

D

Question 2

Generally, a work is protected by copyright

A) for fifty years.
B) for twenty years.
C) for the life of the author.
D) for the life of the author plus fifty years.
E) for the life of the author plus twenty years.

Answer 2

D

Question 3

Which of the following is not a basic right of an owner of copyright?

A) the right to translate the work
B) the right to produce or reproduce the work in question, or any substantial part of it in any material form
C) the right to investigate and prosecute infringers
D) the right to perform or deliver the work in public
E) the right to publish an unpublished work

Answer 3

C

Question 4

A mark will only be registered

A) after the applicant has used the mark abroad for approximately 4 weeks.
B) after the applicant has used the mark in Canada for approximately 2 weeks.
C) after the applicant has filed a declaration that it has commenced the use of the mark in Canada.
D) when the applicant provides supporting statements from witnesses that it is the owner of the mark.
E) when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register.

Question 5

When Mary obtains a patent, she obtains an exclusive property in the invention for a period of

A) 30 years.
B) the life of the inventor plus 50 years.
C) 20 years
D) 15 years.
E) 25 years.

Question 6

Jack invents a small portable fan and he wants to protect the fruits of his invention. Jack has to

A) apply for a patent.
B) apply for a patent and a trademark.
C) register an industrial design.
D) register a trademark.
E) register a copyright.

Question 7

Which of the following is not a form of intellectual property that is recognized in Canadian law?

A) Copyright
B) Plant breeder's rights
C) Fish breeder's rights
D) Integrated circuit topography rights
E) Trademarks

Question 8

Which of the following is not included in the definition of a trademark under the Trademarks Act?

A) a certification mark
B) a patent mark
C) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services
D) a proposed trademark
E) a distinguishing mark

Question 9

Jack starts a music store called MusicHill. The store specializes in hiphop 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 as an Industrial design.
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 under the TrademarksAct.

Question 10

Trademarks are protected at common law

A) by copyright laws.
B) by the Trademarks Act.
C) by registration under the Trademarks Act.
D) by goodwill.
E) through a passing off action.

Question 11

Which of the following is not a moral right?

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

Question 12

Len is a lawyer employed by a law firm. He has prepared a 3 page legal opinion for a client. The contract with the client does not allocate ownership of the legal opinion. The legal opinion that Len has produced belongs to:

A) Len
B) Len's client
C) the Crown
D) Len's law firm
E) Len, but only if he has registered under the Copyright Act.

Question 13

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

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

Question 14

Cory invents and produces a new soft drink that he markets in distinctive containers. He could protect ownership of his product through:

A) patent
B) trade secret
C) trade secret
D) industrial design
E) all of the above

Question 15

Jack determines that there are several stores in Toronto selling pirated copies of his popular CD called Songs of Love. Jack's remedies are

A) to ask the court for an accounting, damages and an injunction.
B) to ask a court for damages.
C) to ask the court for an accounting and an injunction.
D) to ask the court for an accounting.
E) to ask a court for an injunction.

Question 16

The feature that is common to trademarks, copyright, patents and industrial design is that

A) they are all concerned with contracts.
B) they are all concerned with specialized kinds of property.
C) they are all concerned with ideas and inventions of which originality is an essential feature.
D) they are all concerned with industrial property.
E) they are all concerned with providing rights to real property.

Question 17

A trademark registration is valid for

A) 15 years.
B) 30 years.
C) 25 years.
D) 5 years.
E) 10 years.

Question 18

What other factor, in addition to the registration of the trademark, is required to make a person the owner of a trademark?

A) The person must give an undertaking at the time of registration that it will not transfer the mark to any other person after registration.
B) The person must possess documents evidencing its ownership of the mark at the time of registration.
C) The person must have filed a preliminary registration of the mark at the time of registration.
D) The person must must supply statements from witnesses to support his claim to the ownership of the mark.
E) The person must already be the owner of the mark at the time of registration.

Question 19

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

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

Question 20

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 o it are pirated copies of the copyrighted work. Which of the above parties will be liable for copyright infringement?

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

Question 21

One of the conditions that must be satisfied for a mark to be registered is that 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.

Question 22

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

Question 23

Jack starts a music store called MusicHill. The store specializes in hiphop 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 register his mark under the Trademarks Act.

Question 24

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

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

Question 25

Copyright arises automatically simply by the act of creation.

Question 26

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

Question 27

The best way to protect a business name is by incorporating under that name.

Question 28

Section 2 of the Trademarks Act defines a trademark to include a distinguishing guise.

Question 29

Which of the following is not a work in which copyright exists?

A) literary works
B) artistic works
C) musical works
D) furniture designs
E) dramatic works

Question 30

Trademark and copyright are the creation of both the common law and statute.

Question 31

A mark will only be registered when the applicant establishes beyond a shadow of a doubt that it is the owner of the mark it seeks to register.

Question 32

What constitutes infringement of copyright?

Question 33

The only features of an industrial design that are protected under the Industrial Design Act, are features of shape, configuration, pattern or ornament, and combinations of these, that are appealing to the eye and judged in that regard only.

Question 34

There is no copyright of ideas.

Question 35

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

Question 36

Jack invents a small portable fan. To protect the fruits of his invention Jack has to register a copyright.

Question 37

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 38

A mark will only be registered when the applicant provides supporting statements from witnesses that it is the owner of the mark.

Question 39

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 40

A registered trademark may be infringed by the tort of passing off.

Question 41

What constitutes infringement of copyright? Would it be an infringement of copyright to only copy two pages of a work that is 100 pages long?

Question 42

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

Question 43

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

Question 44

What is a patent?

Question 45

What is an industrial design?

Question 46

In relation to copyright, what are moral rights?

Question 47

Explain the notion of a patentable invention.

Question 48

Explain the notion of fair dealing in copyright law.