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.

Accepted Answer

The correct statement regarding the elements of the tort of passing off is that the plaintiff must establish the misrepresentation beyond a reasonable doubt. This statement is incorrect as the standard of proof required is 'on a balance of probabilities'. Therefore, option D is not an element of the tort of passing off.

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.

Accepted Answer

In most countries, a work is protected by copyright for the life of the author plus a certain number of years after their death, usually 50 or 70 years. Therefore, option D is the correct answer.

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E) the right to publish an unpublished work

Accepted Answer

While copyright owners do have the right to take legal action against infringers, they do not have the right to investigate and prosecute on their own. That is the responsibility of law enforcement and the judicial system.

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.

Accepted Answer

A mark will be registered in Canada after the applicant files a declaration stating that they have commenced the use of the mark in Canada. The other options given in the question are not accurate requirements for registering a trademark in Canada.

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.

Accepted Answer

Mary obtains an exclusive property in the invention for a period of 20 years, as per the standard patent term in most countries including the US.

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.

Accepted Answer

To protect an invention, the best choice is to apply for a patent which gives the inventor exclusive rights to make, use, and sell the invention for a limited period of time. This prevents others from copying or exploiting the invention without permission. Trademarks are used to protect names, logos, and brands, while industrial designs protect the visual appearance of objects. Copyrights protect original works of authorship such as written materials, songs, and software. None of these are appropriate for protecting an invention like a portable fan.

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

Accepted Answer

While plant breeder's rights, integrated circuit topography rights, trademarks and copyright are all recognized forms of intellectual property in Canadian law, there is no recognition of fish breeder's rights.

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

Accepted Answer

A patent mark is not included in the definition of a trademark under the Trademarks Act. Trademarks are marks used to distinguish the goods or services of one person or organization from those of another, while patents are used to protect inventions.

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.

Accepted Answer

The answer of Jack starts a music store called MusicHill....

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.

Accepted Answer

Trademarks are protected at common law through a passing off action, which prevents others from misrepresenting their goods or services as those of the trademark owner.

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

Accepted Answer

The right to be paid upon the performance of the work is not a moral right, but rather a legal or contractual right. Moral rights are more focused on the author's personal connection to their work and the ability to control its use and presentation.

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.

Accepted Answer

The legal opinion belongs to Len's law firm because Len is employed by the firm, and typically, work created by an employee in the course of their employment is owned by the employer unless otherwise specified in a contract.

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.

Accepted Answer

The answer of Which of the following is not a...

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

Accepted Answer

Cory can use a patent to protect the invention of the soft drink, a trade secret to protect the formula, and industrial design to protect the distinctive containers.

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.

Accepted Answer

Jack can seek multiple remedies including an accounting (to determine profits made from the infringement), damages (compensation for losses), and an injunction (to stop further sales of pirated copies).

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.

Accepted Answer

The answer of The feature that is common to trademarks,...

Question 17

A trademark registration is valid for
A) 15 years.
B) 30 years.
C) 25 years.
D) 5 years.
E) 10 years.

Accepted Answer

A trademark registration is valid for 15 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.

Accepted Answer

The person must already be the owner of the mark at the time of registration in order to become the owner of the trademark. Registration alone does not confer ownership.

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

Accepted Answer

The answer of Which of the following is not a...

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

Accepted Answer

The answer of Jack, at the request of Michael, makes...

Quiz 22: Intellectual Property

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

Generally, a work is protected by copyright

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

A mark will only be registered

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

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

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

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

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

Trademarks are protected at common law

Which of the following is not a moral right?

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:

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

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

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

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

A trademark registration is valid for

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

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