Question 1

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

Inviting potential buyers to see the invention puts the invention's novelty and non-obviousness at risk and could potentially defeat the patent claim.

Answer: C and D
 Seeking legal advice or sharing the invention with a trusted employee under a confidentiality agreement is generally considered safe and would not defeat the patent claim if done correctly.

Question 2

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 TRUE?

Accepted Answer

MindFood is likely infringing BrainFood's trademark because the packaging is similar and the products are sold in the same stores, causing confusion for customers. This falls under the area of trademark and unfair competition law. It is not clear whether BrainFood has a patent or copyright on their product, and the fact that MindFood is composed of different ingredients does not necessarily make them immune from infringement. Free competition and fair dealing are relevant concepts, but do not necessarily apply in this scenario where there is potential confusion and infringement of intellectual property rights.

Question 3

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 should take legal action in the form of a moral rights infringement claim. Moral rights are the rights of an artist to protect the integrity and authenticity of their work, including the right to prevent any distortion or alteration of the work that would be prejudicial to the artist's reputation. Painting a moustache on Thierry's portrait and exhibiting it with an arrow through its head without his consent would be considered a violation of his moral rights.

Question 4

Distraught after having lost 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 obtained a valid patent for the collar design and as such, he has exclusive rights to make, use, and sell the invention. Jimmy's Kitty Caller Collar infringes on Takashi's patent and he is therefore liable for patent infringement. The fact that Jimmy was the original inventor does not excuse his infringement. Also, the email sent to himself does not constitute sufficient protection of the patent.

Question 5

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 show that a product has met certain standards set by an independent organization. In this case, the seal of a governing dental association would be a certification mark indicating that the sugar-free cola has been certified as safe for teeth. The other options listed do not indicate any certification or standard.

Question 6

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

Accepted Answer

The maple leaf shape of a cookie can be considered an industrial design and is eligible for registration.

Question 7

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

Accepted Answer

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

Question 8

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 is a violation of the copyright holder's exclusive right to perform the work publicly. However, if the school performances were done as part of the charitable organization's activities and were not for profit, they may be considered exempt under Canada's fair dealing provisions for education and research.

Question 9

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, which is what Egon did by selling the copied tapes at his record store. Therefore, it is likely that Egon infringed the band's copyright.

Question 10

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

Accepted Answer

Accounting for profits may be appropriate if someone is found to have engaged in unfair competition by unlawfully selling a product that infringes on a patent. In option C, the competitor is selling unlicensed identical car batteries which may infringe on the holder's patent, making it a potential case for accounting for profits. The other options do not involve the infringement of intellectual property rights.

Question 11

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 12

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. This means that the copyright protection for the work expires and the work can be freely used, distributed, and adapted by anyone without permission or payment to the copyright owner or their estate.

Question 13

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 virtually identical designs, therefore they both hold copyright in their respective designs. Tanner copied Bolton's design without permission and sold it to an architecture firm, which constitutes infringement of both Avery's and Bolton's copyrights. Therefore, Tanner is infringing both Avery's and Bolton's copyright.

Question 14

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 fair dealing allows for copying of materials for educational purposes, the specific circumstances of Roula's copying, such as the amount copied and the effect on the original article, may need to be considered. The fact that she distributed the copies to all 50 professors in the faculty may also be a factor. Therefore, her action may be considered fair dealing, but she may have to defend her action in light of these factors.

Question 15

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

Accepted Answer

Moral rights refer to the rights of creators to be attributed to their works and to prevent their works from being modified or distorted in a way that is prejudicial to their honor or reputation. The right to have a photo attributed to its photographer is a clear example of the protection of moral rights.

Question 16

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 17

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 initiate?

Accepted Answer

The environmentalists' campaign uses a slogan similar to Big and Bad Motors' trademarked slogan, potentially leading to a claim of trademark depreciation, as it could harm the brand's reputation and dilute the trademark's value.

Question 18

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

In a trademark dispute, the burden of proof is on the defendant to prove that they held the rights to the name first. In this case, Raoul would have to demonstrate that he used the name "Newmen's Shoes" before NewMensShoes registered their trademark in Canada in 1989. The fact that Raoul's business is registered in Ontario as an Ontario Corporation does not necessarily give him exclusive rights to the name. The use of the ™ symbol by Raoul indicates that he is using the name as a trademark, but it does not necessarily provide any legal protection. The ® symbol denotes a registered trademark, but Raoul cannot use this symbol since his name is not registered as a trademark.

Question 19

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 nerd 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.Being the nerd that he was,Truman 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 may make the cream for personal use, but it could infringe on the patent since his use is not for research purposes.

Question 20

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 of the directors of the competitor is not a remedy available in a passing-off case. The other options (A-D) are all possible remedies that could be granted if Louisa is successful in her case.

Quiz 18: Intellectual Property