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Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court.

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Believing that he was a very creative person, and knowing he was broke, Sam decided he would attempt to sell some of the songs he continually created.He mostly just whistles his new tunes, but he now wants them to be protected by copyright.Which of the following is not a requirement for copyright protection?


A) The idea on which Sam's songs are based must be original.
B) Sam's songs must be original and not a copy of someone else's work.
C) Sam's songs must be put in some material form.
D) Sam has to satisfy a citizenship or residence requirement.
E) Sam's songs must fall into one of the specified categories of work protected by the Copyright Act (e.g., literary, dramatic) .

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Which of the following is true with regard to the law governing patents?


A) In exchange for the monopoly given under the Patent Act, the owner of the patent must disclose the invention in its entirety.
B) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application.
C) Generally, if a patent is developed by an employee, the employer has the right to obtain the patent.
D) An amendment to the Patent Act allows patent protection automatically.
E) Computer programs can only be copyrighted (i.e., they cannot be patented) .

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Indicate four remedies that may be available to the victim of the breach of copyright.

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An Anton Piller order; damages...

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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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The remedies available in court when int...

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Aunt Juliet wants to know whether or not to register her trademark.Which of the following is true with regard to registration of trademarks?


A) If she does not register her trademark under the Trademark Act, she will have no legal protection of that mark.
B) Trademarks can only consist of socially acceptable symbols or logos; words and expressions must seek copyright protection.
C) A registered trademark is required for a passing-off action.
D) Registration of the trademark would give her exclusive use of that mark nationwide with respect to the particular type of business, or similar products or services as indicated on the application even though she is not marketing her wares nationwide.
E) Registration gives her the right to use her mark for her life plus 50 years.

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If a copyright owner has grounds for believing that a person is infringing his copyright, but fears that the infringer may destroy the evidence, the owner could get a court order to allow him to search and seize the evidence.Which of the following is such an order?


A) Anton Piller order
B) Interlocutory injunction
C) Order for an accounting
D) Execution order
E) All of the above

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Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?


A) Before a trademark owner can sue successfully for an infringement, he or she must prove that the mark used by the defendant actually did confuse members of the public.
B) If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against him or her.
C) The owner of a trademark can sue someone who forges his or her trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares.
D) Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark.
E) Before a trademark owner can sue successfully for an infringement, he or she must prove that the mark used by the defendant was the same as his or her mark.

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Under the Trademarks Act, an application can be made for a proposed trademark where the mark has not yet been used and is not known to the public but will be used sometime in the future.

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In Canada, the Copyright Board is a governmental regulatory body established under the Copyright Act.

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Once a patent has been granted in Canada, patents are automatically granted to the Canadian patent holder in other countries that are signatories to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty on Intellectual Property.

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Identity theft refers to someone accessing some basic information such as a driver's licence, and then using that to obtain a new credit card in the name of the victim.

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Which of the following is correct with respect to trade secrets?


A) The information must be fully disclosed under the provincial Trade Secrets Act.
B) Trade secrets include such things as formulas, processes, and recipes.
C) Personal information cannot be a trade secret, even if it affects the business.
D) The employee need not be informed that the information is confidential.
E) There is no duty not to disclose trade secrets unless specified in a contract.

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Maureen, who frequently develops gadgets, had an idea for a machine that could feed her animals (cats, dogs, rabbits, and fish) while she was away on vacation for a week.She was very sure of the idea and began discussions with a manufacturer.Unfortunately, after it was concluded that it could make the machine, the parties could not agree on proper compensation and they broke off negotiations.Shortly afterwards, this manufacturer, Easylife Ltd., began to manufacture "the animal feeder" based on Maureen's idea.On these facts, which of the following is true?


A) The manufacturer could not be sued for misuse of a trade secret because it was not Maureen's employee and thus was not in a position of trust and could use the information for its own benefit.
B) The manufacturer could not be sued for misuse of a trade secret because it had not signed any document in which it acknowledged it had understood the information was confidential and in which it promised not to use the information to Maureen's detriment.
C) The manufacturer could not be sued for misuse of a trade secret because Maureen only shared her idea and ideas cannot be protected by trade secret law.
D) Maureen has no action against the manufacturer because she had not patented her invention.
E) Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that the manufacturer was being trusted with confidential information.

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Joe worked for Harry's Fine Toys for a period of six years.In September, he left Harry's Fine Toys and went to Sam's Toy Shop, a competitor, disclosing Harry's Christmas line.What could Harry do under these circumstances?

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In the process of disclosing t...

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Harvard College sought protection for a genetically altered mouse.Which of the following statements would be true?


A) Unless the Patent Act is amended, higher life forms cannot be patented in Canada.
B) The mouse was granted patent protection on the basis that it was not the product of the laws of nature.
C) Unless the Patent Act is amended, higher life forms can only be patented under the doctrine of "sound prediction."
D) The mouse was granted patent protection on the basis that it was the product of inventiveness.
E) The mouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter.

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Discuss the idea of the duty of confidentiality that an employee owes to the employer.Give examples of the circumstances under which such a duty is imposed and what an employer should do to ensure that such confidences are kept.

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There are many situations where the disc...

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Discuss the scope and purpose of the Personal Information Protection and Electronic Documents Act (PIPEDA).

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This federal act came into force as of J...

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What is an Anton Piller order?

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This is an interim court order...

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Which of the following is true with regard to industrial design?


A) Properly marking a protected item may limit an owner's remedies for infringement.
B) To be protected, an industrial design must be registered within five years of being published.
C) The design of a manufactured article such as a sofa is protected by copyright.
D) Industrial design protection lasts for the life of the inventor plus 50 years.
E) A person who creates a unique shape of a manufactured article (with no useful function) can protect his or her design by registering it under the Industrial Design Act, a federal statute.

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