If Francesca invents a new process for recording music, she will likely apply for a:

Patent
A)

Trademark
B)

Copyright
C)

Industrial design
D)

2
The rights of an author or artist with respect to his or her creation are governed by
the law of:

Patents
A)

Copyrights
B)

Trademarks
C)

Industrial designs
D)

3
A street vendor on Bloor Street is selling fake "TAGG" watches. Under which area of
intellectual property would the TAG Company likely seek a remedy?

Copyright
A)

Trademarks
B)

Patent
C)

Industrial design
D)
4
Which is false? Intellectual property rights may be protected by:

Maintaining secrecy
A)

Registration
B)

Use of a confidentiality clause

C)

Assignment
D)

5
Reeti has designed a uniquely shaped walker for senior citizens, which can be
collapsed and, with the aid of two levers, used as a chair. Reeti's design is in
commercial production under the name of Supportive Stroller. Which types of
intellectual property would most likely apply to Reeti's creation?

Patent; copyright; trademark

A)

Copyright; trademark; industrial design

B)

Trademark; industrial design; trade secret

C)

Patent; trademark; industrial design

D)

6
Which is not a remedy for infringement of intellectual property rights?

An accounting for profits

A)

An injunction
B)

Specific performance
C)

Damages
D)
7
Passing off is

Incitement to break the contractual obligations of another

A)

Presenting another's goods and services as one's own

B)

The public utterance of a false statement of fact or opinion that harms another's
reputation
C)

The utterance of a false statement about another's goods or services that is

harmful to the reputation of those goods or services
D)

8
A trademark is

The ornamentation or shape of a functional object, such as a chair

A)

The right to prevent others from copying or modifying certain works

B)

A monopoly to make, use, or sell an invention

C)

A mark used to distinguish the source of goods or services

D)

9
Under the Patent Act, the person entitled to receive a patent on a new invention is

The one who invented it first

A)

The who applied for a patent first

B)

The one who commercialized it first

C)

The one who first thought of it

D)
10
The protection afforded by a Canadian patent lasts for a maximum of

10 years
A)

20 years
B)

The life of the patent holder

C)

The life of the inventor plus 50 years

D)

11
Use of a trademark that is the property of a competitor is

The tort of passing off

A)

The tort of deceit

B)

The tort of fraud

C)

The tort of negligence

D)

12
As a general rule

Intellectual property rights are assignable

A)

Moral rights can be assigned but not waived

B)

Intellectual property rights are not assignable

C)

Moral rights can be both assigned and waived

D)

A&B
E)
he correct answer for each question is indicated by a .

1 CORRECT
If Francesca invents a new process for recording music, she will likely apply for
a:

Patent
A)

Trademark
B)

Copyright
C)

Industrial design
D)

Feedback: Pp. 394-395

2 CORRECT
The rights of an author or artist with respect to his or her creation are governed
by the law of:

Patents
A)

Copyrights
B)

Trademarks
C)

Industrial designs
D)

Feedback: Pp. 402-403

3
INCORRECT A street vendor on Bloor Street is selling fake "TAGG" watches. Under which
area of intellectual property would the TAG Company likely seek a remedy?

Copyright
A)

Trademarks
B)

Patent
C)
 Industrial design
D)

Feedback: Pp. 399-400

4
INCORRECT Which is false? Intellectual property rights may be protected by:

Maintaining secrecy
A)

Registration
B)

Use of a confidentiality clause

C)

Assignment
D)

Feedback: P. 393

5
INCORRECT Reeti has designed a uniquely shaped walker for senior citizens, which can be
collapsed and, with the aid of two levers, used as a chair. Reeti's design is in
commercial production under the name of Supportive Stroller. Which types of
intellectual property would most likely apply to Reeti's creation?

Patent; copyright; trademark

A)

Copyright; trademark; industrial design

B)

Trademark; industrial design; trade secret

C)

Patent; trademark; industrial design

D)

Feedback: P. 393

6
INCORRECT Which is not a remedy for infringement of intellectual property rights?

An accounting for profits

A)

An injunction
B)
 Specific performance
C)

Damages
D)

Feedback: Pp. 398-399, 401

7 CORRECT
Passing off is

Incitement to break the contractual obligations of another

A)

Presenting another's goods and services as one's own

B)

The public utterance of a false statement of fact or opinion that harms

another's reputation
C)

The utterance of a false statement about another's goods or services that is

harmful to the reputation of those goods or services
D)

Feedback: P. 401

8
INCORRECT A trademark is

The ornamentation or shape of a functional object, such as a chair

A)

The right to prevent others from copying or modifying certain works

B)

A monopoly to make, use, or sell an invention

C)

A mark used to distinguish the source of goods or services

D)

Feedback: Pp. 399-400

9
INCORRECT Under the Patent Act, the person entitled to receive a patent on a new invention
is

The one who invented it first

A)

The who applied for a patent first

B)
 The one who commercialized it first
C)

The one who first thought of it

D)

Feedback: Pp. 394-395

10
INCORRECT The protection afforded by a Canadian patent lasts for a maximum of

10 years
A)

20 years
B)

The life of the patent holder

C)

The life of the inventor plus 50 years

D)

Feedback: P. 397

11
INCORRECT Use of a trademark that is the property of a competitor is

The tort of passing off

A)

The tort of deceit

B)

The tort of fraud

C)

The tort of negligence

D)

Feedback: P. 401

12
INCORRECT As a general rule

Intellectual property rights are assignable

A)

Moral rights can be assigned but not waived

B)
 Intellectual property rights are not assignable
C)

Moral rights can be both assigned and waived

D)

A&B
E)

Feedback: Pp. 402-403