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Exam 14: Intellectual Property and Computer Law

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Question 21

Multiple Choice

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Amy Lebrun has thought of a new franchise for bookkeeping systems. She wants to get legal protection for her franchise. Which of the following is the appropriate one?

A) Copyright
B) Patent
C) Industrial design
D) Personality rights
E) None of the above

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Question 22

Multiple Choice

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Protection for a new method of encasing wiring inside a laptop computer is available:

A) Under the Industrial Design Act.
B) As a distinguishing guise under the Trade-marks Act.
C) Through a patent application
D) Through the Copyright Act for the illustrations of the method.
E) None of the above

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Question 23

Multiple Choice

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The Premier of Ontario, as of this writing, is a man named Ernie Eves. To capitalize on his notoriety, a hardware company in London, Ontario begins marketing "Eunie's Eavestroughs - Premier Quality". Mr. Eves is not amused. What can he do about this?

Ang Nguyen, a native of Vietnam, sees a commercial opportunity. He is aware of an effective cold pill used in Vietnam; in fact, he knows the formula for it, having received it from his brother, who works for the manufacturer. That formula has not been published anywhere. Perhaps most importantly, he knows that the manufacturer is not interested in selling the product in Canada at this time. Ang applies for a Canadian patent. Will he receive it?

Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. What is the name for the area of law involved?

Which of the following positions give rise to a confidentiality obligation in law without the need for any express agreement?

Which of the following intellectual property rights does not have statutory protection?

Which of the following respecting trade marks in Canada is true?

Which of the following statements is true?

Which of the following can be the subject of trade mark protection?

Tommy Nolis's hobby is computers. Just for fun he tests his skill by getting past the access codes of BCE Corp. and obtaining access to its data, which he downloads onto his own computer. He does not do anything with the data - not even look at it. What offence has Tommy committed?

Assuming that it meets the tests of ingenuity, utility, and novelty, which of the following inventions could be patented in Canada?

Which of the following is true about copyright protection in Canada?

Morris Pickel is a geologist he has added a device to an existing thermal measuring instrument. Because of the sensitivity of the device, it picks up data not previously recorded. A computer program built into the device then analyzes the data, allowing scientists to predict the timing of volcanoes. Can Morris obtain a patent for this device?

Vic Legume wrote a song praising the values of a vegetarian lifestyle. Although he had other successful songs that were recorded, the "Vegetable Medley" was never recorded. A corporation that sold vegetable products approached Vic and he assigned his copyright in the song to the company for use in its advertising campaigns. Vic was unaware that the company was owned by a larger multinational food product corporation. A year later, Vic was horrified to hear his song being used in a satirical fashion in a marketing campaign for pork products. In this situation, which of the following statements is true?

Anna Escorsio writes a new song. Which of the following legal protections can she be granted?

Tracer Corp., an exploration company, wishes to develop a silver mine on a piece of land known as the Harris tract. It lacked the capital to do so on its own, so it entered into negotiations with Big Tree Mining Ltd. for a joint venture on the project. The negotiations collapsed. Big Tree, believing Tracer's information that there was a rich silver vein on the Harris tract and knowing that Tracer did not yet own it, bought the land itself and subsequently developed the mine, making a huge profit. Which of the following is true?

Kelli Kopak invented a new film processor that could transfer photographic images from film directly to digital code. The processor is based on a computer chip which Kelli designed herself. By which of the following can she obtain protection for her new chip?

If you were to make the following applications for a trade mark today, which of them would be refused?

Which of the following can be registered as an industrial design?