Question 1

Assuming that it meets the tests of ingenuity, utility, and novelty, which of the following inventions could be patented in Canada?
A)The Ford Motor Company's five year plan
B)This textbook
C)A device designed to read a bank machine card and transfer funds from the account without the transaction being recorded on the cardholder's account
D)The theory of general relativity
E)None of the above

Accepted Answer

The answer of Assuming that it meets the tests of...

Question 2

Nia Cacoyannis has designed a wallpaper pattern. It has not yet gone into production, although she has shown it to the representatives of three companies which manufacture wallpaper. Which of the following is true?
A)The pattern cannot be registered as an industrial design because it is useful, not just ornamental.
B)The pattern can be registered as an industrial design, copyrighted, or both
C)If registered as an industrial design, no one can copy it without Nia's permission for a maximum of five years.
D)Nia has one year to complete registration of the pattern as an industrial design.
E)None of the above

Accepted Answer

The answer of Nia Cacoyannis has designed a wallpaper pattern....

Question 3

The Charbonneau Company of Restigouche, New Brunswick - created and fun by Luc Charbonneau - manufactures a fine hockey stick called "The Charbonneau". Although it is known to hockey aficionados across North America and even in Europe, at the present time Luc sells it only in New Brunswick and Quebec. Luc's cousin, Emile Charbonneau, opens a plant in Winnipeg and begins marking a virtually identical hockey stick which he plans to sell only in Western Canada. He calls it "The Charbonneau". Luc has never registered his name as a trade mark. Can he now prevent Emile from using the name Charbonneau for his hockey sticks?
A)No. This may be passing off, but Emile is selling his goods in a different market than Luc.
B)Yes. Even though Luc has not registered his trade mark, it is known in Canada and cannot be infringed anywhere else in the country.
C)No. Luc has no proprietary right in his name.
D)No. The public in Western Canada would not be confused.
E)Yes. This is a violation of the federal Trade-marks Act.

Accepted Answer

The answer of The Charbonneau Company of Restigouche, New Brunswick...

Question 4

Which of the following qualities does an invention not need to have in order to be patented?
A)Ingenuity
B)Utility
C)Novelty
D)Complexity
E)It requires all of the above

Accepted Answer

An invention does not need to be complex to be patented. It must be novel, useful, and non-obvious, but complexity is not a requirement.

Question 5

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?
A)Yes. The pill is not currently known or used in Canada.
B)Yes. The pill is not described in any patent or publication printed in Canada or any other country.
C)Yes. The pill is not in public use or on sale in Canada.
D)Yes. A , B, and C all are true
E)No. Ang is not the inventor of the pill

Accepted Answer

Ang will not receive the patent because he is not the inventor of the pill; he merely knows the formula from his brother. Patent law requires that the applicant be the original inventor.

Question 6

Which of the following statutes apply to business activities involving information technology?
i)the Integrated Circuit Topography Act
Ii)the Copyright Act
Iii)the Sale of Goods Act
Iv)the Negligence Act
A)i and ii
B)i, ii, and iii
C)ii and iii
D)ii, iii, and iv
E)i, ii, iii, and iv

Accepted Answer

The answer of Which of the following statutes apply to...

Question 7

Which of the following respecting trade marks in Canada is true?
A)A trade mark will not be registered unless it has actually been in use in Canada.
B)Registration of a trade mark cannot be based on registration in a foreign country.
C)If the DUCT Corp. attempts to register "DUCT tape" as a trade mark, it would be refused.
D)Use of another person's trade mark is not infringement if it is not done for profit.
E)Both C and D

Accepted Answer

The answer of Which of the following respecting trade marks...

Question 8

In April, 1996, Hans Hoff invented an invisible Teflon coating for silk that could be used in men's ties so stains would wipe off easily. In May, 1996, Geraint Wynn-Ffolkes independently invented the same coating, and was granted a patent for it. Hans wants to attack the patent. Which of the following is true?
A)There are no grounds to attack a patent. Once it is granted that is final.
B)A patent can be impeached but Hans will not be successful because Geraint registered first.
C)A patent can be impeached and Hans will be successful because he invented the coating first.
D)A patent can be impeached and Hans will be successful because the matter was not the proper subject matter for a patent.
E)It is too late to impeach the patent. Hans should have opposed Geraint's application.

Accepted Answer

The answer of In April, 1996, Hans Hoff invented an...

Question 9

Kermit Wong invents a new type of computer even smaller than a calculator and patents the invention. A large U.S. computer company buys the rights and makes the units at its California plant, whence it ships them across North America. Kermit realizes that he could make them more cheaply, but the computer company refuses to give him a licence to do so in Canada. Which of the following is true?
A)Kermit can apply for a compulsory licence and the government will permit him to make and sell the units in Canada.
B)There is nothing Kermit can do
C)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is using the patent.
D)Kermit can apply but will be unsuccessful because compulsory licensing only applies to drugs.
E)Kermit can apply but will be unsuccessful in obtaining a compulsory licence because the patent holder is selling the computer in Canada.

Accepted Answer

Kermit can apply for a compulsory licence and the government will permit him to make and sell the units in Canada if the patent holder is not using the patent in Canada or is not making the patented invention available to the public on reasonable terms.

Question 10

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

Accepted Answer

A new method of encasing wiring inside a laptop computer can be protected through a patent application, as patents protect new inventions or processes.

Question 11

The test for infringement of a trade mark by the offending mark is:
A)The offending mark is identical to the existing trade mark.
B)The offending mark is so similar as to cause confusion in the mind of the public as to the source of goods.
C)The offending mark has caused actual confusion as to the owner or supplier of the goods.
D)The Registrar of Trade-marks has received a complaint concerning the offending mark from the public.
E)The offending mark is offensive to the moral rights of the trade mark owner.

Accepted Answer

The offending mark is so similar as to cause confusion in the mind of the public as to the source of goods.

Question 12

Roe-Pharma, a Canadian drug company, obtained a licence from Mega-mega-Pharma, a Swiss drug company, to sell Heptamyoextropalol in Canada. Reo-Pharma sells this patented medicine for $15 per pill. Generic Drugs Inc., another Canadian company, says that it can sell this drug for $2.50 per pill. Which of the following is true?
A)GDI can apply for a compulsory licence but it will not be granted because Reo-Pharma is using the patent.
B)GDI cannot apply for a compulsory licence pursuant to the Patent Law Amendment Act, 1992.
C)GDI will likely be granted a compulsory licence under the Patent Act because the price at which this drug is currently being sold is so high.
D)The Patented Medicine Price Review Board may reduce the price of Heptamyoextropalol if it feels it is excessive.
E)Both B and D

Accepted Answer

The answer of Roe-Pharma, a Canadian drug company, obtained a...

Question 13

Vijay Menon is a chemical engineer working for Mega Labs Ltd., an international pharmaceutical company, developing a machine designed to analyze chemicals in the blood. The aim of the project is a machine which can analyze up to three chemicals simultaneously. Working on his own time in his laboratory at home, Vijay was able to develop a machine which can analyze six chemicals simultaneously. He applies for patent. Which of the following is true?
A)There is no reason why Vijay should not be issued a patent
B)This invention is not patentable because it is a device used for a medical purpose.
C)Vijay cannot apply for a patent without a patent agent
D)If the patent is issued, it will belong to Mega Labs.
E)Vijay should be seeking copyright, not patent protection

Accepted Answer

The answer of Vijay Menon is a chemical engineer working...

Question 14

Homer Nerdhoff has just invented a new cheese grater. He has been travelling around the country exploring marketing opportunities, and discovers that Martin Fitzhugh has for the past three years been selling the grater which he developed, using the same process, at his fine food store in Halifax. Homer hopes that by patenting his grater, he can stop Martin from selling his. Martin sees the danger, and decides to also apply for a patent. Which of the following is true?
A)Whoever registers his patent first will obtain the exclusive right to use it.
B)Homer cannot obtain a patent because his invention was already known and used by Martin.
C)Martin cannot obtain a patent because his invention has already been on sale for the past three years.
D)Homer cannot obtain a patent; Martin can
E)Both B and C

Accepted Answer

Homer cannot obtain a patent because Martin's prior use makes it not novel. Martin cannot obtain a patent because his invention has been publicly disclosed and on sale for more than a year, which typically bars patentability.

Question 15

Which of the following can be registered as an industrial design?
A)A new board game
B)The design of a boat hull for a new line of boats to be sold across Canada
C)The design on a painting
D)Both A and B
E)All of the above

Accepted Answer

The answer of Which of the following can be registered...

Question 16

Jerry Margulis makes knockoffs of Prada handbags. He calls them Preda, and that name appears on the product, but otherwise they look a lot like the original. Whereas Prada might typically sell for $300, a Preda seels for $40. A Preda is definitely of inferior quality compared to a Prada. Jerry sells his handbags to discount houses and other stores that do not carry Prada knock-off that looks like one. Prada learns of this activity, and sues Jerry for trade mark infringement. Which of the following is true?
A)This is not trade mark infringement because purchasers are not fooled into believing that a Preda is a Prada. On the contrary, they know that it's not.
B)Jerry is trading on the goodwill that Prada has built up, and that is actionable.
C)Jerry may not be trying to fool the public, but purchasers of a Preda presumably are.
D)The sale of low quality knock-offs harms Prada's reputation for high quality goods.
E)B, C, and D

Accepted Answer

Jerry is trading on Prada's goodwill, which is actionable. Purchasers of Preda may try to pass them off as Prada, and low-quality knock-offs can harm Prada's reputation.

Question 17

Which of the following about a patent is true?
A)It protects the idea and not the expression.
B)It protects the expression and not the idea.
C)It does not come into existence when the article is first made.
D)Both A and C
E)Both A and B

Accepted Answer

A patent protects the idea and not the expression. It does not come into existence when the article is first made.

Question 18

Trade mark protection is most similar to which of the following torts?
A)Malicious prosecution
B)Injurious falsehood
C)Defamation of product
D)Passing off
E)Conversion

Accepted Answer

Trademark protection is most similar to the tort of "passing off," which involves misrepresenting one's goods or services as those of another, thereby causing confusion and potential harm to the trademark owner's reputation and business.

Question 19

Which of the following respecting trade marks in Canada is true?
A)Trade make protection is automatic once the mark has been used for six months.
B)Only a person with a similar trade mark or name can file an objection to registration of a trade mark.
C)A person must apply for registration of a trade mark in each province to use it in that province.
D)Once a trade mark is registered, it is protected for 15 years whether it is in active use or not.
E)None of the above

Accepted Answer

In Canada, trade mark protection is not automatic; it requires registration. Objections can be filed by anyone with valid grounds, not just those with similar marks. Registration is federal, not provincial, and protection lasts for 10 years, not 15.

Question 20

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?
A)Tracer has no remedy unless it establishes that Big Tree owed it a fiduciary duty.
B)Tracer has no remedy unless it establishes that Big Tree acquired the Harris tract pursuant to a constructive trust.
C)Big Tree is liable to Tracer for breach of confidence
D)Tracer has no remedy unless it establishes that Big Tree committed a breach of contract.
E)Any one of A, B, or D

Accepted Answer

Big Tree is liable to Tracer for breach of confidence because it used confidential information obtained during negotiations to acquire the Harris tract and develop the mine.

Quiz 14: Intellectual Property and Computer Law

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

Nia Cacoyannis has designed a wallpaper pattern. It has not yet gone into production, although she has shown it to the representatives of three companies which manufacture wallpaper. Which of the following is true?

Which of the following qualities does an invention not need to have in order to be patented?

Which of the following statutes apply to business activities involving information technology? i) the Integrated Circuit Topography Act Ii) the Copyright Act Iii) the Sale of Goods Act Iv) the Negligence Act

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

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

The test for infringement of a trade mark by the offending mark is:

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

Which of the following about a patent is true?

Trade mark protection is most similar to which of the following torts?

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