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Contemporary Canadian Business Law

Business

Quiz 26 :

Intellectual Property, Patents, Trademarks, Copyright and Franchising

Quiz 26 :

Intellectual Property, Patents, Trademarks, Copyright and Franchising

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Who is the beneficiary of a compulsory licence?
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Multiple Choice
Answer:

Answer:

E

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Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design and began marketing the same type of opener. The words "patent pending" have no legal significance.
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True False
Answer:

Answer:

True

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A business consulting service calling itself "Enterprise Canada" would likely fail in a bid to register such a name because "Enterprise Canada"
Free
Multiple Choice
Answer:

Answer:

A

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Janelle worked as an employee of MegaByte Industries, a computer conglomerate. As part of her job, she produced a unique program for routing emergency calls to the appropriate public emergency services departments. There is no written employee contract dealing with ownership of the program. If the program were copyrighted, under a written employer/employee contract, by MegaByte,
Multiple Choice
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Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design and began marketing the same type of opener. Because Kimberley had marked her bottle openers with the words "patent pending," Kimberley is entitled to take action for infringement against the other manufacturer.
True False
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Who can make application for a patent?
Multiple Choice
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Farrah took a photograph of a parade that passed by the window of the office where she worked and submitted it to the local newspaper along with a short report on the celebrations. Once the newspaper publishes the picture and the written account, her copyright no longer exists, as the picture is then in the hands of the public.
True False
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Farrah took a photograph of a parade that passed by the window of the office where she worked and submitted it to the local newspaper along with a short report on the celebrations. Farrah may claim copyright in the photograph and the writing.
True False
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For her new invention, Stephanie applied for a patent on May 12, 2004 in Canada, on June 19, 2004 in England, and on September 28, 2004 in France. Her patent was duly granted under the Union Convention of Paris on October 17, 2004. Her patent protection in France will expire
Multiple Choice
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The most important document in a patent application is
Multiple Choice
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Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design and began marketing the same type of opener. Kimberley may ask the Patent Office to speed up the issue of her patent, because the other manufacturer is copying her product, and she cannot take steps to stop the infringement until the patent is issued.
True False
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A ________________ is a right in a new invention, a _______________________ is a right to manufacture an artistic design, a ________________ identifies a product or service and a ________________________ is ownership in an artistic or literary work.
Multiple Choice
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Kimberley developed a novel type of bottle opener that incorporated a new and different method of removing a bottle cap. She applied for a patent on her invention, and then began manufacture of the product. She stamped each unit with the words "patent pending." Another manufacturer copied her design and began marketing the same type of opener. Once the patent is issued to Kimberley, she may take action against the other manufacturer for infringement.
True False
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If a video is produced by WK Productions Ltd. the term of the copyright is
Multiple Choice
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Bell Canada created an extremely attractive, totally new design for a touchtone telephone keypad for use in all its new telephones in public telephone booths. Bell wishes to protect the design. It should do so under
Multiple Choice
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Farrah took a photograph of a parade that passed by the window of the office where she worked and submitted it to the local newspaper along with a short report on the celebrations. Because Farrah took the photograph while she was at work, her employer would be entitled to the copyright in the picture.
True False
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Melissa applied for a patent in May, 2012 and it was granted in May, 2014. The patent will expire in
Multiple Choice
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Small Brothers Ltd. patented an invention here in Canada in 2015 for which there is great public demand. i. If Small Brothers Ltd. is not able to come anywhere near supplying the demand, MegaCorp could apply for a compulsory licence so that it can manufacture the product ii. If MegaCorp. is granted a compulsory licence, it does not have to pay Small Brothers Ltd. royalties as a normal licensee must do. iii. If MegaCorp. is granted a compulsory licence, it must pay a reasonable royalty fee to Small Brothers Ltd. iv. Small Brothers Ltd. might lose its patent altogether if it cannot meet the demand. v. If MegaCorp. had independently come up with the same invention but applied for a patent after Small Brothers Ltd. applied, it could also be granted a patent.
Multiple Choice
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The following marks may be registered:
Multiple Choice
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Janelle worked as an employee of MegaByte Industries, a computer conglomerate. As part of her job,she produced a unique program for routing emergency calls to the appropriate public emergency services departments. There is no written employee contract dealing with ownership of the program. This program can only be
Multiple Choice
Answer:
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