Question 1

Alice took a photograph of a parade that passed by the window of the office where she worked, and submitted it to the local newspaper along with a short report on the celebrations. Once the newspaper publishes the picture and the written account, her copyright no longer exists, as the picture is then in the hands of the public.

Accepted Answer

Copyright law still applies even after a work is published. The fact that Alice submitted the photograph to the local newspaper does not automatically mean that her copyright in the photograph disappears or that the photograph is now in the public domain.

Question 2

Jason worked as an employee of MegaByte Industries, a computer conglomerate. As part of his job, he produced a unique program for routing emergency calls to the appropriate public emergency services departments. There is no written employee contract dealing with ownership of the program. This program can only be

Accepted Answer

A

Question 3

The most important document in a patent application is

Accepted Answer

The claims statement is the most important document in a patent application as it describes the specific aspects of the invention that are being claimed as novel and non-obvious. It defines the boundaries of what the patent covers and is used to determine infringement. The other documents listed are also important components of a patent application, but the claims statement is the most crucial.

Question 4

For her new invention, Stephanie applied for a patent on May 12, 1994 in Canada, on June 19, 1994 in England, and on September 28, 1994 in France. Her patent was duly granted under the Union Convention of Paris on October 17, 1994. Her patent protection in France will expire

Accepted Answer

The answer of For her new invention, Stephanie applied for...

Question 5

Jason worked as an employee of MegaByte Industries, a computer conglomerate. As part of his job, he produced a unique program for routing emergency calls to the appropriate public emergency services departments. There is no written employee contract dealing with ownership of the program. If the program were copyrighted, under a written employer/employee contract, by MegaByte,

Accepted Answer

The answer of Jason worked as an employee of MegaByte...

Question 6

Who is the beneficiary of a compulsory licence?

Accepted Answer

The beneficiary of a compulsory license is the public. Compulsory licenses are used to ensure that important products or services are more widely available to the public, even if the patent holder or licensee is not willing to make them available. This can be especially important in the case of life-saving medicines or essential services, which may be too expensive or otherwise inaccessible to many people without these licenses.

Question 7

Who can make application for a patent?

Accepted Answer

The inventor is the person who creates the invention and is therefore the only one who can apply for a patent.

Question 8

Alice took a photograph of a parade that passed by the window of the office where she worked, and submitted it to the local newspaper along with a short report on the celebrations. Because Alice took the photograph while she was at work, her employer would be entitled to the copyright in the picture.

Accepted Answer

In most cases, the copyright in a photograph taken by an employee during their work belongs to the employer. However, this can vary depending on the specific terms of the employment agreement and the nature of the work being done. It is possible that Alice's employment agreement did not outline that her employer would have copyright ownership of the photograph.

Question 9

If a video is produced by WK Productions Ltd. the term of the copy right is

Accepted Answer

For works created by a corporation, such as WK Productions Ltd., copyright typically lasts for 50 years. This is because there is no individual author, so the "life of the author" terms do not apply.

Question 10

Melissa applied for a patent in May, 1992 and it was granted in May, 1994. The patent will expire in

Accepted Answer

Generally, patents last for 20 years from the date of filing. Therefore, Melissa's patent will expire in May 2014. However, if she paid maintenance fees to keep the patent in force, it could have been extended for a few more years. Assuming that Melissa paid her maintenance fees, the patent would expire in May 2012, making choice C the correct answer.

Question 11

A ________________ is a right in a new invention, a _______________________ is a right to manufacture an artistic design, a ________________ identifies a product or service and a ________________________ is ownership in an artistic or literary work.

Accepted Answer

- A patent is a right in a new invention: this is correct.
- An industrial design is a right to manufacture an artistic design: this is incorrect.
- A trade mark identifies a product or service: this is correct.
- A copyright is ownership in an artistic or literary work: this is correct.

Question 12

Alice took a photograph of a parade that passed by the window of the office where she worked, and submitted it to the local newspaper along with a short report on the celebrations. Alice may claim copyright in the photograph and the writing.

Accepted Answer

As the creator of the photograph and the writing, Alice is the owner of the copyright in these works under the Copyright Act.

Question 13

Bell Canada created an extremely attractive, totally new design for a touchtone telephone keypad for use in all its new telephones in public telephone booths. Bell wishes to protect the design. It should do so under

Accepted Answer

The Industrial Design Act provides protection for the visual features of a product, including its shape, configuration, pattern or ornamentation. Bell's touchtone telephone keypad design falls within these parameters and can be protected under this act.

Question 14

Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design, and began marketing the same type of opener. Once the patent is issued to Kimberley, she may take action against the other manufacturer for infringement.

Accepted Answer

Once Kimberley's patent is issued, she has legal rights to protect her invention and can take action against anyone who copies or infringes upon her design. The use of "patent pending" serves as a notice of her application and may deter others from copying her design while the application is pending, but it does not provide the same legal protection as a issued patent.

Question 15

Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design, and began marketing the same type of opener. Because Kimberley had marked her bottle openers with the words "patent pending," Kimberley is entitled to take action for infringement against the other manufacturer.

Accepted Answer

Marking a product with "patent pending" does not grant the right to take action for infringement because the patent has not yet been granted. "Patent pending" simply indicates that a patent application has been filed.

Question 16

Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design, and began marketing the same type of opener. The words "patent pending" have no legal significance.

Accepted Answer

The words "patent pending" do not provide legal protection, but rather indicate that a patent application has been filed and is pending approval.

Question 17

A business consulting service calling itself "Enterprise Canada" would likely fail in a bid to register such a name because "Enterprise Canada"

Accepted Answer

"Enterprise Canada" is likely considered a prohibited mark because it suggests a connection with the Canadian government, which is generally not allowed without explicit permission.

Question 18

Small Brothers Ltd. patented an invention here in Canada in 2003 for which there is great public demand.
i. If Small Bros. is not able to come anywhere near supplying the demand, MegaCorp could apply for a compulsory licence so that it can manufacture the product
ii. If MegaCorp. is granted a compulsory licence, it does not have to pay Small Bros. royalties as a normal licensee must do.
iii. If MegaCorp. is granted a compulsory licence, it must pay a reasonable royalty fee to Small Bros
iv. Small Bros. might lose its patent altogether if it cannot meet the demand.
v. If MegaCorp. had independently come up with the same invention, but applied for a patent after Small Bros. applied, it could also be granted a patent.

Accepted Answer

Option i is correct as MegaCorp could apply for a compulsory license if Small Bros. cannot meet the demand. 
Option iii is correct as if MegaCorp is granted a compulsory license, they must pay a reasonable royalty fee to Small Bros. 
Option iv is correct as Small Bros. may lose their patent altogether if they cannot meet the demand. 
Option ii is incorrect as even if a compulsory license is granted, MegaCorp still needs to pay royalties to Small Bros. Hence, option v is also incorrect as it states that MegaCorp would not need to pay royalties if they had come up with the same invention independently. Therefore, the best choice is D as it includes all the correct options.

Question 19

Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design, and began marketing the same type of opener. Kimberley may ask the Patent Office to speed up the issue of her patent, because the other manufacturer is copying her product, and she cannot take steps to stop the infringement until the patent is issued.

Accepted Answer

The U.S. Patent and Trademark Office (USPTO) offers procedures to expedite the examination of patent applications for various reasons, including infringement issues. While Kimberley cannot enforce her patent rights until the patent is granted, the existence of infringement can be a factor in requesting accelerated examination to obtain patent rights more quickly.

Question 20

The following marks may be registered:

Accepted Answer

All three types of marks (service, certification, and distinctive guise) can be registered, so option E is the best choice.

Quiz 26: The Law of Negotiable Instruments