Comm Law - Chpt 13

If a breach of a registered trade-mark can be established, the injured party may seek the assistance of the court. Which of the following is false regarding the injured party's pursuit of his or her losses? a. Disputes involving trade-marks registered under the Trade-marks Act must be commenced in Federal Court, as the Trade-marks Act is federal legislation. b. Disputes involving trade-marks registered under the Trade-marks Act may be commenced in an applicable provincial court. c. Matters brought in provincial court enable the plaintiff to argue common-law rights along with rights under the legislation. d. The owner of the trade-mark may be given custody of the offending goods. e. In addition to pursuing a remedy based on the inappropriate use of a registered trade-mark, the plaintiff may also seek to recover his or her losses based on the tort of passing-off.

"a. Disputes involving trade-marks registered under the Trade-marks Act must be commenced in Federal Court, as the Trade-marks Act is federal legislation."

Which of the following is false regarding confidential information generally? a. Client lists may be related to the goodwill of a business and thereby fall within the scope of confidential information. b. Confidential information cannot be used for personal benefit in a trust relationship. c. The Supreme Court has ruled that confidential information is not property, for the purpose of a Criminal Code proceeding based on theft. d. Protection of confidential information may be vital to a business. e. As confidential information may not be property in the intellectual property sense, it can only be protected by establishing strict contractual obligations.

"e. As confidential information may not be property in the intellectual property sense, it can only be protected by establishing strict contractual obligations."

"Tim, Gavin's employee, inadvertently disclosed certain information marked confidential by including it in an email thread sent to a client. Which of the following is false? a. For Tim to have a common-law duty not to disclose the information, he must be in a fiduciary relationship with Gavin. b. If Tim does have a duty not to disclose confidential information, the duty will only apply to information that is not in the public domain. c. In addition to any applicable common-law obligations, Tim may have contractual obligations to Gavin. d. The information disclosed by Tim does not have to fall within the scope of one of the four identified forms of intellectual property to be protected. e. The disclosure of the information may have a negative effect on Gavin's business.

a. For Tim to have a common-law duty not to disclose the information, he must be in a fiduciary relationship with Gavin

Which one of the following is not normally a remedy available to a tenant when the landlord breaches the lease? a. He or she can withhold rent. b. He or she can seek a court order to end the lease. c. He or she can sue for the injury suffered. d. He or she can request an injunction. e. He or she can vacate the premises and terminate the lease

a. He or she can withhold rent.

Which of the following is false with regards to copyright law in Canada? a. Joint ownership of copyright is prohibited by the Copyright Act. b. If a computer programmer creates a program while engaged as an independent contractor, but not as an employee, the programmer owns copyright unless he or she assigns it. c. The author retains moral rights even if he sells his copyright to someone else. d. Generally, the term of moral rights is the life of the author plus 50 years. e. In general, the purpose of copyright law is to encourage creativity by giving the author a monopoly over his or her work.

a. Joint ownership of copyright is prohibited by the Copyright Act.

Martin decided to do something in an attempt to brighten his patients' disposition, so he designed a new and attractive cover for the vessel that is used in the delivery of intravenous drugs. He has been told that he should protect his design from imitation. Which of the following is false regarding Martin's cover? a. Martin can rely on the common law to protect any proprietary interest in his cover. b. If the opportunity arises, Martin may be able to license his design to a manufacturer for mass production. c. Martin does not have to register his design to gain the protection of the Industrial Design Act. d. Martin should seek protection under the Industrial Design Act. e. If Martin does elect to register his design under the Industrial Design Act, his design will be protected for 50 years after the year in which he dies.

a. Martin can rely on the common law to protect any proprietary interest in his cover.

Which one of the following is not an area that is normally covered by provincial legislation modifying residential tenancy rules? a. Maximum rents to be charged. b. Security deposits. c. Notice of termination periods. d. Quality of facilities and repair. e. Controls on rent increases.

a. Maximum rents to be charged.

"After class one day, Mr. Thompson was exiting the classroom and saw a backpackbehind one of the chairs in the rear of the room. Which is of the following is false regarding any duty of care that Mr. Thompson may owe to the owner of the backpack?" a. Mr. Thompson does not owe a duty of care to the owner of the backpack, but must take it to the lost and found. b. By picking up the backpack, Mr. Thompson is responsible to keep the backpack safe and return it to the owner. c. By picking up the backpack, Mr. Thompson may be responsible for losses suffered by the owner of the backpack. d. By picking up the backpack, Mr. Thompson has created an involuntary bailment. e. By picking up the backpack, a gratuitous bailment for the benefit of the bailor has been created.

a. Mr. Thompson does not owe a duty of care to the owner of the backpack, but must take it to the lost and found.

Which of the following is incorrect with respect to the land titles system? a. Registration is no longer required. b. Title does not actually transfer to a mortgagee. c. The government guarantees title. d. A certificate of title is issued. e. None of the above.

a. Registration is no longer required.

Which remedy is not likely to be awarded when intellectual property rights are infringed? a. Specific performance. b. Damages. c. An Anton Piller order. d. An accounting. e. An interlocutory injunction.

a. Specific performance.

Which of the following is not considered when determining whether or not a chattel is a fixture? a. The cost of attaching the chattel to the property. b. How the object being used. c. Whether the chattel was affixed with the intention that it become a fixture. d. Whether the object is attached with a degree of permanence. e. The damage that may be caused by the removal of the object.

a. The cost of attaching the chattel to the property.

"Tenancy in common" occurs when two people share an undivided interest in property, with each owning a share of the whole.

a. True

A bailee's primary concern is liability arising from damage to the bailor's goods while in the possession of the bailee.

a. True

A copyright comes into existence automatically and no registration is required.

a. True

A tenant has the right to remove his or her own fixtures before termination of the lease.

a. True

Despite increased awareness and actions by Parliament and the judiciary, the current laws regulating intellectual property have generally not kept pace with technological advancements.

a. True

If a chattel can be undeniably characterized as a fixture (applying the common-law test to the determination), the landlord and the tenant can override the common law and agree that the particular object remain the property of the tenant.

a. True

In some jurisdictions, rights to land can be acquired when someone has open and notorious possession of land that is tolerated by the actual owner for an extended period of time.

a. True

Intellectual property is a form of personal property.

a. True

It is the conveying of confidential information that is harmful, for it involves a breach of duty and may cause the owner of the information a loss.

a. True

Protection under the Industrial Design Act covers unique shapes, patterns, or ornaments.

a. True

Real property refers to land and those items that are permanently affixed to the land such as buildings and immovable structures.

a. True

The only way to create a patent is to register the invention with the patent office.

a. True

When a trademark is registered, it gives the owner protection for an initial period of 15 years from the date of registration.

a. True

Which one of the following would not sever a joint tenancy? a. The sale by one joint tenant of his interest to his uncle. b. A joint tenant bequeathing his interest in the joint tenancy to his children through his will. c. The joint tenants agreeing between or among them to terminate the joint tenancy. d. One joint tenant obtaining judgment in an action to end (partition) the joint tenancy. e. None of the above.

b. A joint tenant bequeathing his interest in the joint tenancy to his children through his will.

Which of the following is most likely not a fixture? a. A ceiling fan over a restaurant cooking grill. b. A life-sized landscape picture mounted on the wall in an office waiting area. c. An overhead projector attached to the ceiling in a boardroom. d. A partition dividing one large office into two smaller offices. e. A desk bolted to the wall and floor to prevent reconfiguring a reception area.

b. A life-sized landscape picture mounted on the wall in an office waiting area.

A periodic tenancy is stipulated to run for a specific period of time.

b. False

All property not characterized as real property can be referred to as one of two categories of personal property—chattels or intellectual property.

b. False

An employee, working in the scope of his or her employment, who finds an item on his employer's premises, has the best claim against the item to all except the prior owner.

b. False

Freehold estates" and "leasehold estates" are different terms of the same rights to property.

b. False

In a "gratuitous bailment" neither party receives a benefit

b. False

Non-trade fixtures that have been attached by a tenant for his or her own personal reasons can be removed by the tenant at the termination of the tenancy, irrespective of whether or not such removal will cause significant damage to the premises.

b. False

The only way that an employer is able protect himself against disclosures of trade secrets is to insert restrictive covenants or non-disclosure clauses into his employment contracts.

b. False

The owner loses his or her claim to an item that has been found by another.

b. False

Which of the following is true? a. Trade fixtures may be removed by the tenant at any time. b. Non-fixtures may be removed by the tenant at any time. c. Fixtures may be removed by the tenant at any time. d. If a tenant forgets to remove a non-fixture before the expiration of the tenancy, he loses the right to do so afterwards. e. Fixtures may be removed by the tenant only before the term of the tenancy expires.

b. Non-fixtures may be removed by the tenant at any time.

The obligations of the tenant do not include which of the following? a. To pay the rent when due. b. To repair normal wear and tear. c. To refrain from using the property for a use other than that for which it was intended. d. To repair undue damage that he or she causes. e. To refrain from disturbing other tenants.

b. To repair normal wear and tear.

Which of the following is true regarding trade-marks? a. Trade-mark protection under the Trade-marks Act cannot be renewed. b. Trade-mark protection under the Trade-marks Act requires registration. c. Trade-mark protection under the Trade-marks Act does not require registration; protection arises simply by using the mark. d. Trade-mark protection lasts for 50 years after the year in which the creator dies. e. Trade-marks legislation falls under the jurisdiction of the provinces, as trade-marks are generally an intra-provincial matter.

b. Trade-mark protection under the Trade-marks Act requires registration.

When a property owner wants to ensure that a member of his family has secure use of the owner's property until the time of that family member's death, he would grant that family member a: a. family estate. b. life estate. c. leasehold estate. d. freehold estate. e. None of the above.

b. life estate.

Which of the following is not an issue that must be considered when assessing the distinction between real and personal property? a. Restrictions on disposition and transfer. b. Possessory interests and obligations. c. Obligations of confidentiality and agency principles. d. Concepts in ownership. e. The landlord and tenant relationship.

c. Obligations of confidentiality and agency principles.

A proprietary interest in personal property can be established by all but one of the following. a. Purchasing an item. b. Finding an item with no identifiable owner. c. Possessing an item. d. Taking a security interest in an item. e. Receiving an item as a gift.

c. Possessing an item.

Which of the following is true regarding ownership of found goods? a. If an employee finds an item on premises occupied by his employer, the employee, as the finder, has a better claim than his employer. b. Once handed in to a lost-and-found, a finder loses all claim to an item. c. Someone who finds goods has an obligation to exercise care in looking after them. d. "Finders keepers" is always the case. e. The finder and owner relationship is not linked in any way to the law of bailment.

c. Someone who finds goods has an obligation to exercise care in looking after them.

Bailment agreements often contain exemption clauses. Which of the following is incorrect regarding exemption clauses? a. Exemption clauses limit the liability of the bailee. b. Exemption clauses may not be added to a bailment agreement after the agreement has been formed without any new consideration. c. The courts generally interpret exemption clauses broadly. d. The courts generally interpret exemption clauses narrowly. e. Exemption clauses must be clear and brought to the attention of the bailor at the time of formation of the bailment agreement.

c. The courts generally interpret exemption clauses broadly.

Which of the following is incorrect regarding the protection of intellectual property rights? a. Some protection over intellectual property may arise simply on the creation of the intellectual property. b. Not all knowledge and ideas fall within the scope of intellectual property. c. Intellectual property law is one of the most complex and technical. d. All statutory protection over intellectual property requires registration. e. Some types of intellectual property may look to different sources of law for protection.

d. All statutory protection over intellectual property requires registration.

Which of the following would not be characterized as intellectual property? a. A manufacturing process. b. An advertising slogan. c. A distinctive mark. d. An idea for refining bitumen. e. A business plan.

d. An idea for refining bitumen.

In situations involving a bailment for value, the agreement between the bailee and the bailor will govern the relationship between the parties. Which of the following is false with respect to a bailment for value? a. If a bailor is unpaid, she can reclaim the goods and seek other available remedies. b. A bailee's rights are generally governed by legislation. c. If a price for the bailment is not agreed on, the principle of quantum meruit applies. d. Exculpatory clauses, as long as they are set out in the bailment agreement, will bind the parties regardless of whether or not the parties are both aware of the clauses. e. If the bailee is not paid by the bailor and has worked on the goods in addition to storing them, he has a common-law right to a lien.

d. Exculpatory clauses, as long as they are set out in the bailment agreement, will bind the parties regardless of whether or not the parties are both aware of the clauses.

Which one of the following is not true with regard to leasehold estates? a. Contract law applies. b. The lessee is entitled to exclusive possession during the term of the lease. c. The landlord retains reversionary interest in property. d. Leasehold interests end when the property is sold. e. They must be evidenced in writing (if over three years).

d. Leasehold interests end when the property is sold.

Which one of the following does not fall within the definition of real property? a. A house. b. Things that have not been incorporated into the structure of the building. c. Ornamental fixtures permanently affixed and incorporated into the building. d. Trade fixtures. e. A furnace used to heat a building.

d. Trade fixtures.

Which of the following is false regarding choses in action? a. A chose in action is intangible personal property. b. A chose in action is a right to sue. c. Examples of choses in action include bonds and other negotiable instruments. d. A chose in action is a claim for money owed. e. Choses in action include copyright and trade-mark protection.

e. Choses in action include copyright and trade-mark protection.

Which of the following is incorrect? a) trade-marks are protected by federal legislation. b) patent protection lasts 20 years. c) computer software is protected under Copyright Act. d) trademarks are protected for 15 years and can be renewed. e) patent protection is automatic

e. In Canada, patent protection is automatic and there is no need to register.

"For which one of the following actions by the landlord could a commercial tenant legally withhold rent? a) Failing to repair a leaky roof. b) Discontinuing a service that is reasonably related to the tenant's continued use and enjoyment of the premises. c) Failing to maintain the premises. d) Adding term to the tenant contract that is not dictated by statute e) none of the above"

e. None of the above.

"Duke, Sarah, and Rob worked together on a student project. They independently created a computer program designed for a finance company, to keep track of its bill collecting. Because Ms. Jannes, president of the finance company, had been in the business for 20 years, the students knew she would be an invaluable asset if they decided to market the program. The students also felt that before the program could be marketed, a manual should be written, but none felt qualified to do that. The students have asked you how they should arrange their affairs legally for their best advantage. Which of the following is false with regard to their legal rights?" a. If the students employ someone to write a manual, copyright in the manual should belong to the students as employer, but this can be changed or clarified by contract. b. The students have a right to enter into a licensing agreement with Ms. Jannes that could give her the right to market the program in Canada for a period of time. c. The copyright arises automatically when the work is created. d. The copyright in a computer program does not have to be registered under the Copyright Act, but there are some advantages in doing so. e. Only unique works with significant literary or scientific merit can be copyrighted.

e. Only unique works with significant literary or scientific merit can be copyrighted.

Non-disclosure obligations found in employment and services agreements provide protection against the inappropriate disclosure of intellectual property. Which of the following remedies cannot be pursued in the event of a breach of such obligations? a. Injunction. b. Damages. c. Dismissal. d. An accounting. e. Specific performance.

e. Specific performance.

Which of the following is not specifically protected by intellectual property legislation? a. Trademarks. b. Patents. c. Copyright. d. Industrial designs. e. Trade secrets.

e. Trade secrets.