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After years of consultation and debate over Canadian copyright reform,Bill C-11 was finally passed in June,2012.This amendment to the Copyright Act is intended to control the downloading of all of the following except:


A) music.
B) games.
C) movies.
D) other forms of information and data.
E) viruses.

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Dan,a Canadian resident,has decided to create a website offering products and services to consumers in certain European markets.Which of the following is true with respect to the jurisdictional issues that arise?


A) Because the website is created to do business in other jurisdictions,the laws of those jurisdictions will apply to the transactions unless it is clearly stated otherwise in the contract.
B) Disclaimers posted on Dan's website will protect him if the content of his website turns out to constitute an offence in the European markets in which he is operating.
C) The laws of the jurisdiction of residence always govern.
D) Dan could not be prosecuted for an activity that is against the law in a European jurisdiction,as long as that activity is acceptable in Canada.
E) It is sufficient for Dan to follow the rules of his own jurisdiction.

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Helen is the owner of a Japanese company that manufacturers car audio parts.Several months ago she received a favourable award in an arbitration in Japan against a Canadian car manufacturer for unpaid bills.The Canadian manufacturer has several assets in Canada,but none in Japan.Which of the following statements is true?


A) The award must be enforced in Japan,but since the Canadian manufacturer has no assets in Japan,it is highly unlikely that Helen will ever receive the award.
B) The award cannot be enforced since the dispute was settled by arbitration.
C) The award must be enforced in Japan,and since the Canadian manufacturer only has assets in Canada,it is highly unlikely that Japan will litigate further.
D) The award cannot be enforced in Canada since it took place in Japan.
E) The award can be enforced by a court anywhere in Canada.

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Discuss the concept of territorial competence.

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A Supreme Court of Canada decision and r...

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With regard to online contracts,which of the following statements is accurate?


A) Consumers cannot be held liable for terms that they did not actually read.
B) The electronic equivalent of small print is the part of a document that cannot be seen on the screen.
C) Canadian consumers may have to have their claims heard in foreign jurisdictions.
D) Exemption clauses in electronic contracts do not have to be brought to the attention of the person accepting.
E) An electronic document becomes effective only once the consumer is provided with a paper copy.

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When dealing with international business transactions,knowing and complying with both local and Canadian policies and laws is an important consideration.This generally will include all of the following except:


A) arrangements for financing.
B) ensuring that contractual terms limiting liability are included in agreements.
C) ensuring adequate insurance coverage is acquired.
D) ensuring that a process for arbitrating disputes is clearly set out.
E) ensuring that foreign officials who can impact on the success of the business are appropriately taken care of.

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The World Trade Organization is limited only to the trade of goods.

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Canadian courts may decline jurisdiction if the court can be convinced that it would be more reasonable for some other jurisdiction to deal with the matter,especially where an action has already been started in that other jurisdiction.

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Discuss the role of governments when companies engage in large projects abroad.

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Governments will often become involved w...

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Bilateral investment treaties (BITs)and foreign investment and promotion agreements (FIPAs)are government initiatives designed to stabilize the investment environment for corporations doing business abroad,especially for those involved in mining and natural resource extraction in countries where the political climate is unstable.

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Which of the following is true with respect to the application of tort law to the internet?


A) It is unlikely that courts will be willing to expand existing tort law to encompass new technologies.
B) The principle of defamation will apply to the internet just as it does to any other form of communication,but the problems of jurisdiction and whom to sue will create significant obstacles.
C) Companies that sell their products over the internet cannot be held liable under the laws of negligence if those products cause injury.
D) Since common law provides adequate protection,no new statutes need to be passed to provide additional protection.
E) Because the internet provides direct and inexpensive access to a massive audience,torts such as deceit,negligent misstatement,and defamation as well as normal civil and criminal remedies do not apply.

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The term dumping refers to:


A) buying goods from China and selling them in Walmart.
B) selling goods in a foreign nation at prices that unfairly compete with products manufactured in that market,usually due to subsidies,unusually low wages,or the sale of excess production.
C) selling goods produced in China at lower prices than domestically produced goods.
D) selling goods in a foreign nation at prices above the price sold domestically.
E) buying goods at low cost and selling them for a higher price domestically.

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You decide to register a domain name "Delicious_breads_R_us.com," although you neither own a bakery nor have any legitimate use for the domain name.Subsequently you receive a complaint alleging that you have registered the name in bad faith.The complainant does not hold a registered trademark in the name nor do they have a domain name registered,but they have used the business name "Breads R Us" for many years.Which of the following statements is true?


A) You are a cybersquatter.
B) Your domain name dispute must be litigated in court.
C) You can claim good faith justification for your use of your domain name.
D) You have a real property right in the name.
E) The complainant does not have any legitimate claim on the domain name.

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Describe the World Trade Organization (WTO).

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The General Agreement on Tariffs and Tra...

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Which of the following statements with regard to the North American Free Trade Agreement (NAFTA) is true?


A) NAFTA in essence restricts the World Trade Organization agreement.
B) NAFTA is an agreement between Canada,the United States,and Mexico to eliminate trade with other countries not party to the agreement.
C) NAFTA is an agreement between Canada,the United States,and Mexico to eliminate trade barriers and promote free trade amongbetween the three countries.
D) NAFTA provides for no dispute resolution mechanism.
E) NAFTA is concerned solely with trade barriers,and not with environmental protection or labour standards issues.

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In determining jurisdiction for international business disputes,what factors will the court consider?

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The court will consider where the contra...

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Ontario's Consumer Protection Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located in that province at the time of the transaction and that the rights set out in the Act apply despite any agreement to the contrary.

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With regard to international business transactions,which of the following statements is true?


A) There is no international court that deals with private disputes between businesses.
B) There is a set of international laws that applies to all international transactions.
C) The World Trade Organization litigates private disputes between businesses.
D) The buyer must look to the local court in the seller's jurisdiction to resolve his or her problems.
E) The General Agreement on Tariffs and Trade deals with private disputes between litigants.

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Traditional contract rules only apply to written contracts and not to internet transactions.

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A major problem concerning the internet is to determine what laws apply to the internet and internet transactions.

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