Question 1

Of the following, which are only protected if they are registered?

Accepted Answer

The answer of Of the following, which are only protected...

Question 2

Thierry is a successful artist, known across Canada for his marvelous portraits of famous Canadians.His work has been exhibited in the National Gallery, and he is beginning to acquire an international reputation.Recently, Thierry sold one of his paintings to the GuerillaGallery, not realizing that the owners of the GuerillaGallery had nothing but scorn for famous artists, insisting that they have sold out their creativity for the sake of the almighty dollar.The owners promptly took a large black felt marker and added a moustache to the painting's subject and drew an arrow poking through its head.When Thierry discovered the "act of these vandals" and further discovered that these "vandals were actually exhibiting the work," he was incensed.Despite his own disdain for lawyers, Thierry has decided to take legal action.His action ought to take the form of which of the following?

Accepted Answer

Thierry's legal action should take the form of a moral rights infringement claim. Moral rights are a set of rights that belong to the creator of a work, such as the right to claim authorship of the work, and the right to prevent derogatory treatment that would be prejudicial to the creator's honor or reputation. By adding a moustache and poking an arrow through the painting's subject, the owners of the GuerillaGallery have violated Thierry's moral right to prevent derogatory treatment of his work.

Question 3

Roula, a law professor, recently read a fascinating article about online privacy in Canadian Science and Technology Weekly, a Canadian magazine.She was so impressed with the article that she clipped it for future reference.Later in the term, a scandal erupted at the university when it was discovered that professors' emails were being surveilled.Incensed, Roula photocopied the article and slipped a copy of it under every professor's door in the faculty.There are 50 professors in the faculty.Which of the following is most likely TRUE?

Accepted Answer

While Roula's photocopying may be considered fair dealing, it will come down to a balancing of factors like purpose, character and amount of copying, alternative options, effects on the original work, and attribution. Therefore, she may have to defend her actions. Simply being a professor and copying articles in a university setting does not automatically make it fair dealing. Selling the copies would definitely not be fair dealing. Proper attribution is important but it is not the only determining factor. Thus, the best answer is E.

Question 4

Accounting for profits might be an appropriate award in which of the following cases?

Accepted Answer

Accounting for profits might be an appropriate award in a case where a competitor begins successfully selling unlicensed identical car batteries, as it directly affects the profits of the holder of the patent for the special electric car battery.

Question 5

Remi is a musician who is involved with a charitable organization that helps to fight poverty.In addition to a wide variety of other activities, the charity puts on performances at schools to teach youngsters about poverty.Remi recently heard an anti-poverty song on the radio that he began incorporating into his performances.The song was such a hit that he began incorporating it into his commercial performances at local bars and music halls.At no point has Remi sought any permission to perform the song.The copyright holder recently saw one of Remi's performances on MuchoMusico and has decided to take action.Which of the following is most accurate?

Accepted Answer

Remi did not seek permission to perform the song at his commercial performances, which means that he infringed on the copyright holder's exclusive right to perform their copyrighted work publicly for commercial purposes. However, Remi's performances at schools were likely exempted under the fair dealing exception for education and private study, which allows the use of copyrighted works without permission for the purpose of education. Therefore, the copyright for the song was infringed at the commercial performances but not at the school performances.

Question 6

BrainFood is a brand used to promote a concoction of natural ingredients sold in natural health stores as a supplement to help with memory retention.Recently, MindFood has come onto the market and has begun selling supplements that, although composed of different ingredients, are also meant to help with memory loss.The packaging is similar, and the two products are sold in the same stores.Customers are often confused as to which product is which is made by which company.Which of the following is most likely to be TRUE?

Accepted Answer

MindFood's use of similar packaging and selling their product in the same stores as BrainFood can create confusion among customers, constituting the infringement of BrainFood's trademark. Patent and copyright protection do not apply in this situation. The last option is also not a valid explanation for the infringement.

Question 7

Zitsaway is the ultimate miracle cream for teenagers.Using a special combination of chemicals, Zitsaway is able to clear up the worst cases of acne.Truman, a 16-year-old with particularly bad acne thought that he had finally found the answer to all his social problems when he began using the cream.Although the cream worked like a charm, at $25 a bottle the cream took up most of his allowance.Truman therefore took the cream to his chemistry lab where he and his teacher managed to identify all the components of the cream.Fortunately, all the components were easily procured and easily combined.Which of the following is TRUE?

Accepted Answer

Truman's act of recreating the cream for personal use might infringe on the patent if the use is considered beyond research purposes and leans towards the commercial intent of the original product.

Question 8

While visiting his parents in Toronto, Egon went to a see a local band at a bar.He purchased the compact disk they had for sale, and took it back to his hometown in Victoria, Bc.Once there, Egon made copies of the compact disk onto tapes and sold them at his record store for $5 each.Which of the following is TRUE?

Accepted Answer

In Canada, it is illegal to make a copy of an audio recording for commercial purposes without permission from the artist. Egon made copies of the CD onto tapes and sold them at his record store, which constitutes commercial purposes. Therefore, it is likely that he infringed the band's copyright. Choices A, B, and D are incorrect because they either reference incorrect parties or are irrelevant to the scenario. Choice E is incorrect because audio recordings are protected by copyright in Canada.

Question 9

Which of the following is an example of a registrable industrial design?

Accepted Answer

The maple leaf shape of a maple-flavoured cookie can be considered an industrial design that is eligible for registration as it is a unique visual aspect of a product that has an aesthetic appeal and can be used to distinguish it from other products in the market.

Question 10

A-Plus Health has come up with a previously undiscovered method of bonding skin back together after it has been cut.The new method allows doctors to use a series of tape-like strips that serve to pull the skin together and hold it in place.An ordinary tape is used and the novelty is the method of cutting and applying the tape.The benefit to the invention of this new method of medical treatment, is that by using the tape, stitches are no longer necessary.Although the company cares about people's health, it also cares about its bottom line.It knows that if everyone discovers how the tape works, anyone would be able to manufacture this medical treatment.Which of the following is TRUE?

Accepted Answer

The answer of A-Plus Health has come up with a...

Question 11

Woody has invented a method for instantly analyzing perfume, breaking it down into its component chemicals and reproducing the scent.He is so excited about his invention, he wants to tell the world.Which of the following examples of disclosure would be potentially fatal to a patent claim?

Accepted Answer

Disclosing the invention to potential buyers or customers can be seen as a public disclosure, potentially invalidating the possibility of obtaining a patent. It is important to keep the invention confidential until a patent application is filed.

Answer: C
 Seeking legal advice on how to patent an invention is generally safe, as long as the disclosure is made under the protection of attorney-client privilege. However, it is important to make sure that the lawyer is bound by confidentiality and that the disclosure is made before any public disclosure.

Answer: D
 Disclosing the invention to an employee under a signed confidentiality agreement can be a safe option, as long as the agreement is properly drafted and executed. It is important to make sure that the employee understands the importance of keeping the information secret and that the disclosure is necessary to carry out their job functions.

Answers A and E are not necessarily fatal to a patent claim, but they are not foolproof methods of keeping the invention secret. It is always better to err on the side of caution and keep the invention confidential until a patent application is filed.

Question 12

CobeCola develops a line of sugar-free colas and plans to market it towards people on diets and people who are worried about tooth decay.Which of the following best illustrates a certification mark that may appear on its can?

Accepted Answer

A certification mark is a symbol or logo used to indicate that a product has been certified by a particular organization as meeting a certain standard or criteria. In this case, the governing dental association's seal would be an appropriate certification mark to indicate that the product is recommended for those concerned about tooth decay. The other options are not certification marks. A TM symbol next to a name indicates that it is a trademark, which does not necessarily indicate certification. The company logo and slogan are more like branding or advertising elements, and the list of ingredients is required by law but does not indicate certification.

Question 13

Distraught after losing his cat, Jimmy Corpini drew up some designs for the "Kitty Caller Collar." The collar was designed so that when its wearer strays beyond certain limits, a signal is sent to a receiver, which pinpoints the location of the collar.In anticipation that one day he would get another cat, Jimmy printed off a copy of his design and emailed a copy to himself.A year later, Jimmy moved, and Takashi moved into his home.While cleaning the house, he came across the design.An engineer by trade, and cat lover by nature, Takashi copied the designs and took them to the Patent Office, where he applied for a patent on the collar, which he renamed the "CatchMeow." In due course, the patent was granted.Six months later, on the advice of an entrepreneur friend, Jimmy produced 100 Kitty Caller Collars, and began selling them at pet shows.He was unaware that Takashi had patented his invention.The collars sold quite well, and Jimmy became something of a local star in the community newspapers.Soon thereafter, Jimmy received a letter from a stern lawyer informing him that he had to stop selling his Kitty Caller Collars, because by so doing he was infringing the patent for the CatchMeow.Which of the following is the most accurate assessment?

Accepted Answer

Takashi was granted the patent for the collar, which gives him the exclusive right to make, use, and sell the invention. Jimmy's production and sale of the Kitty Caller Collars would be considered infringement of Takashi's patent. The fact that Jimmy is the true inventor or that he emailed himself a copy of the design does not protect him from infringing Takashi's patent.

Question 14

Avery and Bolton are two gifted architecture students at the University of the Outaouais.Both have been involved in a competition to come up with a design for a particularly immense structure.In class one day, one of their professors exposes them to a formula which, when applied in a particular manner to the competition, leads to a new, never-before-thought-of design for particularly immense structures.Independently, both students develop virtually identical designs for the competition.Avery is so enthused by his new discovery that he registers his copyright in the design.Tanner, a slightly lazier student, was considering entering into the same competition.Snooping around Bolton's desk one day, Tanner saw Bolton's design for the super structure.Tanner copied the design, and sold it to an architecture firm.Which of the following is TRUE?

Accepted Answer

Both Avery and Bolton independently developed the design using the formula taught by their professor, so they both have copyright protection in the design. Tanner's act of copying and selling Bolton's design without permission infringes Bolton's copyright. Tanner's act of copying Bolton's design also constitutes infringement of Avery's copyright, as the two designs are virtually identical.

Question 15

In Canada, when does a work generally become part of the public domain?

Accepted Answer

In Canada, a work generally becomes part of the public domain 50 years following the end of the calendar year in which the author dies.

Question 16

Rory Parisien has invented a mesh screen to keep bugs out of his cottage in the summer.Being a good steward of the environment, Rory had the unique idea of making the mesh biodegradable, so that when he replaces the mesh, he can just throw it away without harming the pristine environment around his cottage.There is, however, a problem with the mesh in that it biodegrades too easily.After a rainstorm or two, the mesh begins to disintegrate.Moreover, secretions from various bugs can have the same effect.Rory submits a patent for the biodegradable mesh screen designed to keep out bugs.Which of the following assessments is most accurate of his application?

Accepted Answer

The answer of Rory Parisien has invented a mesh screen...

Question 17

Which of the following is most closely associated with the notion of moral rights?

Accepted Answer

Moral rights are the rights of creators to be credited for and have control over their work. The right to have a photo attributed to its photographer directly pertains to this concept of moral rights. Options A, B, C, and E are related to copyright, but do not necessarily involve moral rights.

Question 18

Louisa is a lemonade manufacturer in Ottawa.Since 1985, she has marketed her juice under the trademark FreshSqueeze.Late last year, a less expensive lemonade began appearing in grocery stores bearing a remarkably similar label.When examined closely, the label for the new lemonade actually says Fresh-n-Squeeze, but the 'n' is so small that it is hardly noticeable.The rest of the label, including colours and fonts, appears to be nearly identical.Louisa is upset because her lemonade sales have fallen drastically since it appeared on the shelves.Louisa decides to sue for passing-off.If Louisa is successful, what remedy is not available to her?

Accepted Answer

Imprisonment is not a remedy available in civil lawsuits such as passing-off. The other options are all available remedies in a successful passing-off case.

Question 19

Big and Bad Motors has come out with its newest line of SUV.They market the line under the slogan, "Enjoying the countryside has never been so easy®." A group of guerrilla environmentalists, angry about increased exhaust emissions from the SUVs, has started up a billboard campaign with a photo of an SUV in a diseased forest, surrounded by pollution and sick animals.Beneath the photo reads the caption "Destroying the countryside has never been so easy." The owners of Big and Bad Motors decide to take legal action.Which of the following claims is Big and Bad most likely to use?

Accepted Answer

Big and Bad Motors is most likely to use the claim of trademark depreciation as the guerrilla environmentalists are using their registered slogan to promote negative connotations about their product.

Question 20

Raoul Newmen has been operating a shoe store, Newmen's Shoes, in Ottawa for the past 10 years.His business is registered in Ontario as an Ontario Corporation.His store sign reads: NEWMEN'S SHOES™.In 1999, a mega-shoe chain from the US, NewMensShoes, opened up its first Ottawa location.NewMensShoes has been operating in Canada since 1989, at which time it had registered its Canadian trademark: NewMensShoes®.NewMensShoes is irritated because it spends a fortune on advertising, yet people inevitably make the mistake of going to Raoul's store for shoes.Raoul is irritated because he had been running his store without problems until the mega-shoe corporation showed up.NewMensShoes has started an action claiming trademark infringement.Which of the following is most accurate?

Accepted Answer

The fact that Raoul has been using the name and sign for 10 years does not automatically give him rights to the trademark. The onus will be on Raoul to prove that he had been using the name and sign prior to NewMensShoes registering it as a trademark in Canada in 1989. If he cannot prove prior use, then he may be found to have infringed on NewMensShoes' trademark rights. The symbols ™ and ® do not have any impact on the determination of trademark infringement.

Quiz 17: Intellectual Property