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

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Remedies include an Anton Pill...

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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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Students should explain the common remed...

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Which of the following is true with respect to the application of intellectual property law to the Internet?


A) Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use.
B) Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws.
C) In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose.
D) If a user accesses a web site on which a trademark appears, an actionable infringement has taken place.
E) The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet.

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In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

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What qualifications must be met in order for something to be patentable?

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It must be new, not ...

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Alternative dispute resolution has been effective in settling certain types of Internet disputes.

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A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

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Explain the nature of "fair dealing."

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This refers to the use of copy...

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Which of the following is true with regard to the law of trade secrets/breach of confidence?


A) Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law.
B) Trade secret law is governed by a provincial statute.
C) While an employee is prohibited from disclosing confidential information he has learned on the job, he can use the general skills he has acquired on that job when he changes employment.
D) The court cannot award punitive damages, just compensatory damages, for breach of confidence.
E) The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting, e.g., stealing a company's customer list, plans, etc.

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Computer students who watched their teachers go out on strike were amazed when they heard about the difficult logistics required in such an operation. Two students spent two nights and two days developing an app for organizing a strike and picket line. It included such variables as legal requirements, number of sites, number of picketers, communications network, shifts, media contacts, etc. The students called their app "Picket Progress." The students took their package - code and manual - to a computer developer/publisher, Mr. Lacs, to discuss the feasibility of marketing the app. Lacs said it was feasible. However, negotiations, which had lasted over a two week period, broke down when Lacs rejected the students' terms in their licensing agreement. Three months later, the students learned that Lacs developed and published an app called "Picketers' Path" based on their ideas, with a manual that they recognized as theirs. On these facts, which of the following is true?


A) With regard to the app, Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law.
B) Because there was no non-disclosure agreement signed by Lacs, he cannot be sued for misuse of a trade secret.
C) The students' manual was not protected by copyright, because they had not yet applied for protection under the Copyright Act.
D) The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information.
E) The students cannot protect the app under the law of trade secrets because all the information it contained could be obtained by others, e.g., the law from the library, the necessities of picketers from observation or unions, etc.

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After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments?


A) It became illegal to circumvent access control locks for copyrighted digital materials.
B) The YouTube exception was added.
C) All copyright requires registration to be protected domestically.
D) Education, satire, and parody were added to the allowable fair dealing uses.
E) The recording of television shows for later viewing was allowed.

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What three important remedies does the Copyright Act now provide to copyright owners?

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The Copyright Act pr...

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It is possible for a trademark name to lose its status through common use.

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Distinguish between what is protected under patent law compared to copyright law.

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Copyright protects the specifi...

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A patent gives the exclusive right to produce, market, and sell a new invention.

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Pete is an accountant and Judy works in a bank, but every evening of last year they worked to create a clever computer game. When they finished, they had no difficulty in gaining the interest of a publisher. Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales. When the game was published, the advertising was rather vulgar but acceptable to Pete and Judy. They learned, however, that there was a further change - the villain had been changed and clearly represented a world leader of an Asian country. Pete and Judy were embarrassed and outraged. On these facts, which of the following is true?


A) They have no cause of action because once there has been an assignment of rights, the creators would not have their name on the product and thus no right to sue.
B) They have a cause of action, even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation.
C) They would have a cause of action only if the contract provided that there should be no alterations without their consent. Such a change would then be a breach of contract.
D) There is no protection here since a game is not something that can be copyrighted.
E) They have no protection here since they failed to register their copyright in the game.

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


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

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When a trademark is registered, it gives protection for a period of 50 years.

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Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.

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The main difference between copyright pr...

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Distinguish between copyright and patent.

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Copyright law prevents completed works l...

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Showing 21 - 40 of 115

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