Question 1

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as
A) punitive damages.
B) an injunction.
C) compensatory damages.
D) an accounting.
E) statutory damages.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Accepted Answer

An accounting is a remedy where the court orders the wrongdoer to pay over any profits made from their wrongdoing to the victim.

Question 2

In Harvard College v. Canada (Commissioner of Patents), Harvard College sought protection for a genetically altered mouse. What was the result given the decision of the Supreme Court of Canada?
A) The oncomouse was granted patent protection, on the basis that it was a non-naturally occurring composition of matter.
B) The oncomouse was granted patent protection, on the basis that it was not the product of the laws of nature.
C) The oncomouse was granted patent protection, on the basis that it was the product of inventiveness.
D) Unless the Patent Act is amended, higher life forms can only be patented under the doctrine of "sound prediction".
E) Unless the Patent Act is amended, higher life forms cannot be patented in Canada.

Accepted Answer

The Supreme Court of Canada ruled that higher life forms, such as the genetically altered oncomouse, cannot be patented under the current Patent Act.

Question 3

Walt Disney Productions v. Triple Five Corp. involved a passing-off action related to use of the word "Fantasyland". According to this case, which of the following is true about the law of passing-off?
A) The law of passing-off requires some proof of actual confusion.
B) The law of passing-off does not require proof of any intent to deceive or misrepresent.
C) The law of passing-off is founded in contract law.
D) In a passing-off action, the onus is on the defendant to prove that no damage was caused.
E) In a passing-off action, proof of trade-mark registration must be established.

Accepted Answer

The law of passing-off does not require proof of intent to deceive; it focuses on the likelihood of confusion and misrepresentation.

Question 4

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken "droppings" and old leaves. This fuel also caused no wear on the engine of the car. Homer built a prototype in a workshop in his backyard. Before he seeks publicity, he would like to protect his invention and any business that emerges from the development and sale of his cars. In this regard, which of the following is false?
A) Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application.
B) If he obtains a patent, the protection will be for a period of 20 years.
C) If anyone steals his ideas, Ford could also sue in tort for injurious falsehood.
D) If he can succeed in getting a patent on his novel engine, he would have a government-granted monopoly to produce, sell, or otherwise profit from his invention.
E) If he is granted a patent, he will be giving up any trade secret protection he might have had to protect his ideas.

Accepted Answer

Injurious falsehood is a tort related to false statements that cause economic loss, not applicable to idea theft.

Question 5

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?
A) The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement.
B) Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine.
C) Yung cannot get a patent for his improvement because it is not entirely new or novel.
D) Yung could get a patent for his improvement, and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it.
E) Both Yung's improvement and the original machine lose their patent protection.

Accepted Answer

Yung can patent his improvement if it meets patent requirements, but he cannot use the original patented machine without permission from the original patent holder.

Question 6

In order to obtain a remedy for the disclosure of confidential information or a trade secret, what must the plaintiff show?
A) That the employee intended to harm the employer
B) That the information was not personal
C) That the disclosure of information has caused harm
D) That the employee profited from the disclosure
E) That there was a non-disclosure agreement

Accepted Answer

The plaintiff must show that the disclosure of information has caused harm, such as financial loss or damage to reputation. The other options may be relevant in some cases, but they are not necessary elements for a successful legal claim.

Question 7

Cadbury Schweppes Inc. v. FBI Foods Ltd. involved an action for breach of confidential information, where the information in question was a drink recipe. Which of the following statements is false?
A) Where information is given in a manner that indicates it is to remain confidential, an obligation to keep that information confidential arises.
B) To find breach, it is necessary that the party to whom the information had been communicated had misused it.
C) The duty not to misuse confidential information is limited to fiduciary relationships.
D) In establishing breach, it is relevant whether or not the information in question was communicated in confidence.
E) A recipe can be considered confidential information.

Accepted Answer

The statement "The duty not to misuse confidential information is limited to fiduciary relationships" is false. The duty not to misuse confidential information can arise in non-fiduciary relationships as well, where the information is given in a manner that indicates it is to remain confidential.

Question 8

Three students chose to work on a directed study project for Planned Parenthood Association. The project included the creation of a computer program for inventory control. The students went to the library to get a book on the topic. The book was in the reserve section, so the students made three copies of the four relevant pages so that they could study them. They used the ideas from the book and created an original program and a manual. Later, when the students were preparing a report for their presentation, they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction. They copied those four pages and used them as their own for the beginning of their twenty page report. At the presentation, seven copies of the report were made (with the program and manual as appendices). On these facts, which of the following is true?
A) When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright; they have no defence.
B) Because the copied pages were a very small part of the whole report, there was no infringement of copyright.
C) Although the students have created a program and a manual as a project, they would own the copyright on the program and the manual unless they had agreed otherwise.
D) Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report.
E) Using the ideas from the book was an infringement of copyright.

Accepted Answer

The students would own the copyright on the program and manual they created, unless they had agreed otherwise. However, copying four pages of the book for their report is an infringement of copyright, regardless of the size or proportion in the whole report. Furthermore, using the ideas from the book is allowed under fair use/fair dealing, as long as it's properly cited or referenced.

Question 9

The effect of an Anton Piller Order is to
A) seize material from the suspected wrongdoer.
B) prohibit offender from dealing with product.
C) compensate holder of copyright.
D) require the infringer to pay over any profits.
E) stop infringement before trial.

Accepted Answer

An Anton Piller Order allows the claimant to enter the defendant's premises to seize evidence without prior warning, to prevent the destruction of incriminating material.

Question 10

Which of the following is true with respect to the application of intellectual property law to the Internet?
A) If a user accesses a web site on which a trademark appears, an actionable infringement has taken place.
B) The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet.
C) In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose.
D) Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use.
E) Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws.

Accepted Answer

In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. This is known as the Integrated Circuit Topography Act. The other choices are incorrect as they either present false information (A, B, E) or incomplete information (D).

Question 11

In an article about the patents held by the Research Services Office at the University of British Columbia, it was written that none of the patents were there because someone set out to invent something new. "If we knew what it was that creates innovation, we would all be millionaires... it's chance, brilliance, an offhand remark...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention?
A) A unique mark identifying a business or product
B) An original artistic work
C) A significant scientific principle
D) A new and useful machine
E) Novel information used in a person's business which gives him or her a competitive edge

Accepted Answer

A patentable invention must be a new and useful machine, process, manufacture or composition of matter, or a new and useful improvement thereof. Option D fits this definition as it refers to a new and useful machine. The other options, such as A (a unique mark) and B (an original artistic work), may potentially be protected by other forms of intellectual property such as trademarks and copyright, respectively, but would not qualify for a patent. Option C (a significant scientific principle) may be a discovery rather than an invention and would not be patentable. Option E (novel information used in a person's business) may be protectable as a trade secret, but would not be a patentable invention.

Question 12

Monsanto Canada Inc. developed a strain of canola seed that was resistant to a herbicide that Monsanto produced. Monsanto patented this strain of genetically-engineered seed. Schmeiser, a farmer, noticed that some of his crop was resistant to this herbicide. He collected these seeds and replanted them. When it turned out his plants contained the genetically-modified genes, Monsanto sued for patent infringement. In the case of Monsanto Canada Inc. v. Schmeiser, what did the Supreme Court of Canada hold?
A) One can patent genetically altered plant forms. Monsanto lost the action, however, as the farmer's infringement was not deliberate.
B) One cannot patent genetically altered plant forms. Life forms cannot properly be the subject of a patent application.
C) One can patent genetically altered plant forms. By collecting, saving, and planting the seeds, the farmer infringed the Patent Act.
D) While genetically altered plant forms can be patented for medical purposes, they cannot be patented for commercial gain.
E) Possession of genetically-modified plants is illegal in Canada. Accordingly, the civil action was dismissed.

Accepted Answer

The Supreme Court of Canada held that genetically altered plant forms can be patented and that the farmer infringed the Patent Act by collecting, saving, and planting the seeds without permission from the patent holder. However, the farmer was not required to pay damages as the infringement was unintentional.

Question 13

A computer programmer created a program and put a hard copy of it in his desk. If that program were copied, etched on a chip, embedded in the ROM of a computer, and sold to a mass market, the programmer
A) could not claim copyright because the program would be part of a machine, which bars it from copyright protection.
B) would be better off to seek patent protection.
C) could claim copyright because there is a provision in the Copyright Act to that effect.
D) could claim copyright based on common law principles.
E) could not claim copyright because there is no provision in the Copyright Act nor case law that would give him protection.

Accepted Answer

The Copyright Act explicitly provides protection for computer programs, regardless of whether they are stored in a tangible medium or embedded in a machine. Therefore, the programmer would be able to claim copyright protection for his program.

Question 14

In Baker Petrolite Corp. v. Canwell Enviro-Industries Ltd., Canwell developed a chemical formula that it began selling. Just over a year later, it applied for a patent. What was the result?
A) Canwell was not entitled to a patent. A corporation cannot seek patent protection, only an individual can.
B) Canwell was not entitled to a patent. To qualify as "new", the invention must not have been disclosed more than a year prior to application.
C) Canwell was not entitled to a patent. Patent protection can only be extended to mechanical, not chemical, inventions.
D) Canwell was not entitled to a patent. A formula cannot qualify as an invention capable of being protected by patent.
E) Canwell was entitled to a patent, as all of the necessary elements had been satisfied.

Accepted Answer

According to the statement, Canwell applied for a patent just over a year after it began selling its chemical formula. This means that more than a year has passed since the formula was first disclosed, which makes it ineligible for patent protection under the novelty requirement. Option B best captures this scenario. Options A, C, and D are incorrect due to incorrect statements. Option E is incorrect because even if Canwell had satisfied all necessary elements for patent protection, the novelty requirement would have still been unsatisfied.

Question 15

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.
A) If, before his death, Orbison has signed a license agreement with Weird Al, allowing him to use the music, there could be no lawsuit against Weird Al no matter how offensive the lyrics turned out to be.
B) Weird Al could get no protection for his original lyrics unless he sent a copy of his lyrics to the Copyright Office along with his application for copyright.
C) Orbison's legal representative could not sue if Weird Al's lyrics were different, because the song takes on a whole new meaning.
D) Weird Al could get protection for his original lyrics even if his lyrics were unpublished.
E) Orbison's legal representative could not sue because Roy Orbison died and thus so did his copyright.

Accepted Answer

The answer of If Weird Al wants to take "Blue...

Question 16

Which of the following is not a remedy for a copyright infringement?
A) Interlocutory injunction
B) Certiorari
C) Permanent injunction
D) Anton Piller order
E) Damages

Accepted Answer

Certiorari is a remedy for correcting errors made by lower courts or administrative bodies. It is not a remedy for copyright infringement. The other options (interlocutory injunction, permanent injunction, Anton Piller order, and damages) are all remedies available for copyright infringement.

Question 17

Which of the following correctly matches the term to its definition?
A) Damages - court order that profits made from wrongdoing be paid over to the victim
B) Permanent injunction - court order prohibiting offending conduct
C) Enhanced injunction - monetary compensation to the the victim
D) Statutory damages - damages in excess of the plaintiff's actual losses intended to punish
E) Punitive damages - court order to refrain from future infringements

Accepted Answer

A permanent injunction is a court order that prohibits offending conduct.

Question 18

Which of the following is false with regard to trademark?
A) Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark.
B) The distinctive design of a product container may be the subject of trademark protection.
C) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada.
D) Registration of a trademark grants the owner protection for 15 years with the right to renew.
E) If a person registers a trademark but later fails to use it, protection of the mark will not be lost; it is still his and protected for the remainder of the period of protection granted.

Accepted Answer

If a trademark is not used, it can be subject to cancellation for non-use, meaning protection can be lost even if it was initially registered.

Question 19

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.
A) When the defendant refused to stop infringing the plaintiff's copyright even after the court ordered an injunction.
B) When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work.
C) When the defendant can't pay the $10,000 awarded by the court for copyright infringement.
D) When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work.
E) When the defendant first infringes the copyright.

Accepted Answer

It is appropriate for a copyright owner to ask the court to cite the defendant for contempt of court when the defendant refused to stop infringing the plaintiff's copyright even after the court ordered an injunction. This is a serious violation of the court order and can result in penalties such as fines or imprisonment.

B, C, D, and E are not appropriate reasons to ask for contempt of court. B is a matter for damages, not contempt. C is a separate issue and can be addressed through collection actions. D involves seizure, which is a different legal remedy. E is too vague and not specific enough to warrant contempt.

Question 20

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?
A) Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights.
B) A professor automatically owns copyright in works created by a student for his or her class.
C) While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works.
D) While a student owns the copyright in works he or she has created, a professor has moral rights in such works.
E) Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases.

Accepted Answer

The court found that plagiarism is a form of academic dishonesty that should not be tolerated and the student's copyright was infringed, as were his moral rights. This emphasizes the importance of giving credit to authors and respecting intellectual property rights.

Quiz 13: Real, Personal and Intellectual Property

When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as

In Harvard College v. Canada (Commissioner of Patents) , Harvard College sought protection for a genetically altered mouse. What was the result given the decision of the Supreme Court of Canada?

Walt Disney Productions v. Triple Five Corp. involved a passing-off action related to use of the word "Fantasyland". According to this case, which of the following is true about the law of passing-off?

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

In order to obtain a remedy for the disclosure of confidential information or a trade secret, what must the plaintiff show?

Cadbury Schweppes Inc. v. FBI Foods Ltd. involved an action for breach of confidential information, where the information in question was a drink recipe. Which of the following statements is false?

The effect of an Anton Piller Order is to

Which of the following is true with respect to the application of intellectual property law to the Internet?

A computer programmer created a program and put a hard copy of it in his desk. If that program were copied, etched on a chip, embedded in the ROM of a computer, and sold to a mass market, the programmer

In Baker Petrolite Corp. v. Canwell Enviro-Industries Ltd., Canwell developed a chemical formula that it began selling. Just over a year later, it applied for a patent. What was the result?

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately.

Which of the following is not a remedy for a copyright infringement?

Which of the following correctly matches the term to its definition?

Which of the following is false with regard to trademark?

When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately.

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?