The Industrial Design Act.

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60) In which of the following circumstances can a computer program be protected by a patent in Canada:

A) When the computer program is already protected by copyright.

B) When the computer program is ingenious, novel and useful

C) Where the computer program is novel

D) Where the computer program is novel and useful

E) When the computer program is part of a new process which itself meets the test for patent ability.

61) Which of the following can be a major disadvantage of applying for a patent:

A) To be successful in the application, the inventor must prove that the invention is novel

B) The requirement of disclosure means that common law protection for trade secrets will be lost.

C) The length of protection is twenty years

D) The application may take several years to be approved

E) The inventor may be subject to compulsory licensing requirements.

62. Which of the following is not a right conferred by the Integrated Circuit Topography Act on the owner of the registered topography of an electronic circuit:

A) The right to import the registered topography

B) These are all rights conferred by the act

C) The right to commercially exploit the registered topography

D) The right to manufacture the registered topography

E) The right to reproduce the registered topography

63) Which of the following is not a right conferred by the Integrated Circuit Topography Act on the owner of the registered topography of an electronic circuit:

A) The right to import the registered topography

B) The right to import or commercially exploit the registered topography or any product that incorporates it.

C) The right to manufacture the registered topography

D) exclusive rights to the idea or process embodied in the topography

E) the right to commercially exploit the registered topography

64) Under the Integrated Circuit Topography Act, which of the following persons may not apply for the registration of a topography:

A) The spouse of the owner

B) The business partner of the owner of the topography

C) None of the above can apply for registration

D) The managing director of the company to which the owner is employed

E) All of the above may apply for registration

65) Sally Shepherd invented and sold an integrated circuit to Josue Enterprises on May 9, 6) ______

2002. On December 16, 2003, Josue Enterprises submitted an application for the registration of the topography contained in the circuit pursuant to the Integrated Circuits Topography Act. Registration was affected on July 20, 2004. On which of the following dates will the protection afforded by the registration end:

A) May 9, 2017

B) May 9, 2012

C) July 20, 2014

D) December 16, 2008

E) December 16, 2013

66) On March 22, 1999, Jasper Lee succeeded in registered a new design under the Industrial Design Act. On April 16, 2009, Lee became aware that the Nova Enterprises Limited was marketing a product incorporating his design without his permission. Which of the following statements is correct:

A) Nova can lawfully manufacture and sell the product incorporating Lee’s design if he does nothing to stop them within two months of their starting to do so.

B) Nova can manufacture and sell the product incorporating Lee’s design without his permission.

C) Jasper can take legal action to stop Nova from manufacturing and selling the product incorporating his design

D) Jasper is entitled to 50% of all monies earned by Nova from the sale of the product incorporating his design.

E) Nova can manufacture and sell the product incorporating Lee’s design only if it enters into a joint venture with him

67) To maintain protection for an industrial design, which of the following must be placed on the article incorporating the design:

A) The words ” Registered” or the letters “Rd”

B) The year of the registration

C) The name of the owner of the design

D) A and B

E) A and C

68) Jenny Andrews was employed for several years at Bitrate Enterprises as a computer programmer. During the period of her employment she received on the job training which allowed her to become a specialist in the design of the type of computer applications which were the cornerstone of Bitrate’s business. Alpha Limited, a major competitor of Bitrate, wishes to take advantage of Jenny’s specialized knowledge and has lured her away from Bitrate. Which of the following statements is CORRECT:

A) Jenny cannot be prevented from using her skills and training in her new employment

B) Alpha can be sued for unlawfully inducing Jenny to breach her duty of confidence

C) Bitrate can obtain an injunction to stop jenny from using her specializes skill for Alpha’s benefit.

D) If Jenny accepts the employment with Alpha , she will be in breach of her duty of confidence to Bitrate.

E) Jenny can only work for Alpha if she obtains a signed waiver from Bitrate

69) La Quinta Enterprises Limited manufactures beer using a formula that has been successfully kept secret for 100 years. It wishes to employ a consultant to prepare-a report on the manner in which all aspects of its manufacturing operations can be made more efficient. During then period of the consultancy, the consultant will have access to records containing the confidential. Which of the following actions should be recommended to La Quinta as an appropriate course of action:

A) That the consultant posts security bond

B) All of the above

C) That it has the consultant sign a non-disclosure agreement prior to disclosing or making the confidential information available to him.

D) That it has the consultant sign a non disclosure agreement at the end of the consultancy

E) That it makes the consultant aware of the need to respect the confidential nature of the information and promise not to divulge any of it.

70) In which of the following cases will the unauthorized copying and resale of a computer program amount to fraud under the Criminal Code:

A) All of the above.

B) When the person doing the unauthorized copying was aware of the need to respect the proprietary rights of the victim

C) when the software is resold to more than 5 people

D) When the victim had previously been contacted for his or her consent and had expressly refused to give it.

E) When the actions of the unauthorized copying would be viewed as being dishonest by a reasonable person and carry a risk of economic loss to the victim

 

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