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A patent gives the exclusive right to produce,market,and sell a new invention.

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Indicate the kinds of things that are covered by trademark legislation.

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Terms,symbols,design,or a comb...

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A person can only bring a passing-off action where there is no registered trademark involved.

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Distinguish between what is protected under patent law compared to copyright law.

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Copyright protects the specifi...

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

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Even where there is no registered tradem...

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When the author assigns his copyright to a purchaser,what rights does he still have in relation to the work?

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He has moral rights in relatio...

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In an article about the patents held by the Research Services Office at the University of Waterloo,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 new and useful machine
B) An original artistic work
C) A significant scientific principle
D) Novel information used in a person's business which gives him or her a competitive edge
E) A unique mark identifying a business or product

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Which of the following is false with regard to trademark?


A) Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada.
B) Registration of a trademark grants the owner protection for 15 years with the right to renew.
C) 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.
D) The distinctive design of a product container may be the subject of trademark protection.
E) Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark.

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


A) Enhanced injunction-monetary compensation to the the victim
B) Damages-court order that profits made from wrongdoing be paid over to the victim
C) Permanent injunction-court order prohibiting offending conduct
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

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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.

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Even if McDonald's has failed to properl...

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

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There is n...

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

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Students should explain the common remed...

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Three students chose to work on a directed study project for Planned Parenthood Association.The project included the creation of an app 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 app 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 code and manual as appendices) .On these facts,which of the following is true?


A) Although the students have created an app and a manual as a project,they would own the copyright on the app and the manual unless they had agreed otherwise.
B) When the students made three copies of the few pages of the book for study purposes,that in itself was an infringement of copyright,and they have no defence.
C) Using the ideas from the book was an infringement of copyright.
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) Because the copied pages were a very small part of the whole report,there was no infringement of copyright.

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The Industrial Design Act requires registration,within three years of its publication,of a unique shape,pattern,or ornament.

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The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not.Discuss how this has been resolved.

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The 1988 amendment to the Copy...

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Which of the following is true with regard to our Canadian Copyright Act?


A) The statute is a provincial statute with each province having its own unique statutes.
B) The statute expressly provides that computer programs are not copyrightable.
C) The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation,name of creator.
D) The statute provides that the employer owns copyright in a work created by the employee in the course of his employment,in the absence of any agreement to the contrary.
E) Copyright is protected both by statute and in common law.

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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) While genetically altered plant forms can be patented for medical purposes,they cannot be patented for commercial gain.
C) One can patent genetically altered plant forms.By collecting,saving,and planting the seeds,the farmer infringed the Patent Act.
D) One cannot patent genetically altered plant forms.Life forms cannot properly be the subject of a patent application.
E) Possession of genetically-modified plants is illegal in Canada.Accordingly,the civil action was dismissed.

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Pete is an accountant and Judy works in a bank,but every evening of last year they worked to create a clever computer game.When they finished,they had no difficulty in gaining the interest of a publisher.Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales.When the game was published,the advertising was rather vulgar but acceptable to Pete and Judy.They learned,however,that there was a further change - the villain had been changed and clearly represented a world leader of an Asian country.Pete and Judy were embarrassed and outraged.On these facts,which of the following is true?


A) They have no cause of action because once there has been an assignment of rights,the creators would not have their name on the product and thus no right to sue.
B) They have a cause of action,even though there has been a partial assignment,if the modification is prejudicial to their honour or reputation.
C) They would have a cause of action only if the contract provided that there should be no alterations without their consent.Such a change would then be a breach of contract.
D) There is no protection here since a game is not something that can be copyrighted.
E) They have no protection here since they failed to register their copyright in the game.

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Homer Ford invented a unique pollution-free engine that runs on gas created by chicken droppings and old leaves.This fuel also causes 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 engines.In this regard,which of the following is false?


A) 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.
B) Surnames cannot be registered as trademarks unless the name has acquired a secondary meaning at the time of application.
C) If he is granted a patent,he will be giving up any trade secret protection he might have had to protect his ideas.
D) If anyone steals his ideas,Ford could also sue in tort for injurious falsehood.
E) If he obtains a patent,the protection will be for a period of 20 years.

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Moral rights means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

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