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Instructions:
Please provide you answers in the spaces provided for each question. All questions must be answered.
If you require more space to fully answer a question clearly identify:
(a) your name and student no. on each additional page; and
(b) the question number to which your answer relates on each additional page.
SHORT ANSWERS:
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1. Paul works for Alpha Software Design Inc. (“Alpha”). He was hired to design and code a particular software application (the “Software”). He was not asked to sign an employment contract. He completed his work in January 2002, and Alpha started selling the Software in April 2002. (a) Who is the first owner of copyright in the Software? (b) How long does copyright in the Software last? |
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2. Beta Software Group (“Beta”) is a competitor to Alpha. In June 2002, Beta comes out with its own software that Alpha believes is nearly identical to the Software. Alpha also believes that it would simply not have been possible for Beta to come up with its own version of the software independently in such a short time-frame. (a) What does Alpha need to prove to succeed in copyright infringement litigation against Beta? (b) What steps, if any, should Alpha take before starting litigation against Beta?
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3. Suppose that Paul had left Alpha and was hired by Beta in March 2002. (a) What does Alpha need to prove if it wants to stop Paul from telling Beta what he knows about the Software? (b) What could Alpha have done differently to strengthen its rights?
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4. Name two advantages to registering your trade-mark. |
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5. Are each of the following trade-marks inherently distinctive or “strong” marks? (a) ANT, for use in association with monitors; switches; sending, transmitting, receiving and processing equipment for sound and/or pictures; (b) SUREPATH, for use in association with optical components, namely modules employing planar integrated circuits for use in optical fiber telecommunication systems;
(c) XINC, for use in association with computer hardware, namely semiconductor components. |
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6. Name 3 types of remedies for trade-mark infringement. |
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7. What do you need to prove if a competitor starts using your trade-mark, but you haven’t registered it? |
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8. Name
two types of things that are not patentable in either |
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9. Name
one thing that is currently patentable subject matter in the |
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10. Techra Systems Inc. and its competitor, Alpha Innovations
Ltd. independently come up with the same patentable
invention. Techra’s
documentation indicates that its invention was made on If Techra files its patent applications
in (a) Would your answer be different if Alpha made and sold products, using the invention, in December 2002? Why? |
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11. Under what circumstances can you patent software in Canada? |
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12. Name two ways that you could use to make money from a patent. |
LONG ANSWER:
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13. Suppose you manage a company, Neptune Electrical Ltd., which designs and builds CCD cameras for marine applications. The cameras are sold as units consisting of a the CCD and lens apparatus mounted to a one-inch square circuit board, all encased in clear, waterproof plastic. One of your employees came up with a process for building a line of such cameras that is cheaper yet more reliable than any similar cameras on the market. You have hired a marketing agency to come up with a campaign, including a web site and brochure, to market the line of cameras under the “Persephone” brand name. What intellectual property issues are you facing and how will you address them? |
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