Question 1

Distinguish between a trademark action and a passing-off action.

Accepted Answer

The answer of Distinguish between a trademark action and a...

Question 2

Identify and discuss the ways in which a business can reduce their risk in relation to intellectual property.

Accepted Answer

The answer of Identify and discuss the ways in which...

Question 3

Joe worked for Harry's Fine Toys for a period of six years. In September, he left Harry's Fine Toys and went to Sam's Toy Shop, a competitor, and disclosed Harry's Christmas line of toys. What could Harry do under these circumstances?

Accepted Answer

The answer of Joe worked for Harry's Fine Toys for...

Question 4

What kinds of things are protected as industrial designs?

Accepted Answer

The answer of What kinds of things are protected as...

Question 5

What protection is given under trademark legislation?

Accepted Answer

The answer of What protection is given under trademark legislation?...

Question 6

Discuss the idea of the duty of confidentiality that an employee owes to their 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

The answer of Discuss the idea of the duty of...

Question 7

Discuss how a business can use intellectual property and information technology to their advantage.

Accepted Answer

The answer of Discuss how a business can use intellectual...

Question 8

Discuss the role of the Copyright Board.

Accepted Answer

The answer of Discuss the role of the Copyright Board....

Question 9

"If a Trademark confuses the public it may be an infringement." Discuss what factors the court considers when determining if an infringement has occurred.

Accepted Answer

The answer of "If a Trademark confuses the public it...

Question 10

"One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.

Accepted Answer

The answer of "One of the most effective statutes in...

Question 11

Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.

Accepted Answer

The answer of Contrast patent and copyright protection. In your...

Question 12

Identify the impact the Internet and other forms of electronic communication have had on intellectual property.

Accepted Answer

The answer of Identify the impact the Internet and other...

Question 13

Discuss how the common law protects intellectual property. In your discussion, indicate why it was necessary to introduce statutes in some areas.

Accepted Answer

The answer of Discuss how the common law protects intellectual...

Question 14

In order to successfully sue someone for violation of trademark, what must be established?

Accepted Answer

The answer of In order to successfully sue someone for...

Question 15

Which international agreements and treaties influenced the 2012 amendments to the Copyright Act?

Accepted Answer

The answer of Which international agreements and treaties influenced the...

Question 16

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Accepted Answer

The answer of Explain under what circumstances a tort action...

Question 17

Joe wanted to start up a restaurant business. He did some research and found out McDonald's had not properly registered its trademark, the golden arches, in his particular area. Joe used a similar pair of arches over his restaurant and started business. Explain any danger he might face.

Accepted Answer

The answer of Joe wanted to start up a restaurant...

Question 18

What period of protection is granted under industrial design legislation?

Accepted Answer

The answer of What period of protection is granted under...

Question 19

Discuss the various remedies that are available and their effectiveness when intellectual property such as copyright and patent are interfered with.

Accepted Answer

The answer of Discuss the various remedies that are available...

Quiz 13: Intellectual Property