What are the forms of intellectual property that can be protected through federal legislation? Patents, Copyrights and Trade-marks Patents and Copyrights only Patents and Trade-marks only Copyrights and Trade-marks only Which level of government administers intellectual property in Canada? Government of Canada Provincial government Municipal government United Nations The Canadian Intellectual Property Office (CIPO) is a branch of what? Industry Canada Canadian Heritage Canada Council for the Arts National Research Council Canada What is the Intellectual Property Institute of Canada (IPIC)? Canada's association of professionals who specialise in intellectual property Canada's association of professionals who specialise in patents only Pan-American association of professionals who specialise in intellectual property World association of professionals who specialise in intellectual property Which of the following items cover new inventions (machine)? Patents Trade-marks Copyright Industrial designs Which of the following items cover new inventions (manufacture)? Patents Trade-marks Copyright Industrial designs Which of the following items cover any new and useful improvement of an existing invention? Patents Trade-marks Integrated circuit topographies Plant breeders' rights Which of the following items are words or symbols (or a combination of these), used to distinguish the wares of one person or organisation from those of others in the marketplace? Trade-marks Patents Integrated circuit topographies Plant breeders' rights Which of the following items are symbols or designs (or a combination of these), used to distinguish the wares of one person or organisation from those of others in the marketplace? Trade-marks Patents Integrated circuit topographies Plant breeders' rights Which of the following items are words or designs (or a combination of these), used to distinguish the services of one person or organisation from those of others in the marketplace? Trade-marks Patents Integrated circuit topographies Plant breeders' rights Which of the following items provide protection for artistic works? Copyright Patents Integrated circuit topographies Plant breeders' rights Which of the following items provide protection for musical works? Copyright Patents Integrated circuit topographies Plant breeders' rights Which of the following items provide protection for computer programs? Copyright Patents Integrated circuit topographies Plant breeders' rights Which of the following items are the visual features of shape or configuration (or any combination of these features), applied to a finished article of manufacture? Industrial designs Patents Integrated circuit topographies Plant breeders' rights Which of the following items are the visual features of shape or ornament (or any combination of these features), applied to a finished article of manufacture? Industrial designs Patents Integrated circuit topographies Plant breeders' rights Which of the following items are the visual features of configuration or ornament (or any combination of these features), applied to a finished article of manufacture? Industrial designs Patents Integrated circuit topographies Plant breeders' rights Which of the following items refer to the 3-dimensional configurations of electronic circuits embodied in integrated circuit products? Integrated circuit topographies Trade-marks Industrial designs Plant breeders' rights Which of the following organisations manages another type of intellectual property, Plant breeders' rights? Canadian Food Inspection Agency (CFIA) Canadian Centre for Occupational Health and Safety (CCOHS) Canadian Commercial Corporation (CCC) Canadian Institutes of Health Research (CIHR) To what does plant breeders' rights apply? Certain new plant varieties Certain new animal varieties Certain new plant and animal varieties Certain new microbial varieties Which one of the following items is not an intellectual property in Canada? A computer A patent A trade-mark A copyright What is COCA-COLA? A trade-mark A copyright A patent An industrial design What is the formulation of the COCA-COLA drink? A trade secret A method patent An industrial process An industrial design For what are patents granted? Products or processes that are new, workable and ingenious Products or processes that are new Only products that are new, workable and ingenious Only processes that are new, workable and ingenious What are the 3 criteria for patentability? Novelty, usefulness, inventiveness Novelty, usefulness, beauty Usefulness, inventiveness, beauty Usefulness, inventiveness, marketability How do I obtain patent protection? You can obtain protection by submitting an application to the Patent Office You can obtain protection by submitting an application to the Trade-marks Office You can obtain protection by submitting an application to the Copyright Office You can obtain protection by submitting an application to the Registrar of Integrated Circuit Topographies Who can apply for a patent? Only the legal owner of an invention The boss of the inventor only The company of the inventor only The federal government Does a patent in Canada protect my rights in other countries? No Yes, in the United States Yes, in the United Kingdom Yes, everywhere How long is a patent effective? 20 years from the date the application was first filed 5 years from the date the application was first filed 10 years from the date the application was first filed 15 years from the date the application was first filed What do I need to include in my patent application? A petition, a description of the invention, an abstract, a claim or claim(s), any drawing referred to in the description and the filing fee A petition and the filing fee A petition, a description of the invention and the filing fee A petition, a description of the invention, an abstract, a claim or claim(s), any drawing referred to in the description Will the Patent Office ensure that my patent is not infringed? No Yes, the Patent Office has its own judge Yes, the Patent Office contains the Federal Court of Canada Yes, the examiner will What information is offered by the CIPO Canadian Patent Database? Canadian patent documents United States patent documents United Kingdom patent documents European Union patent documents What data are contained in the CIPO Canadian Patent Database? Titles, abstracts and claims Titles and abstracts Titles and claims Abstracts and claims What is a laid-open patent application? An application that has been made available for public viewing but has not yet been granted An application that has been made in the United States An application that has been made in the United Kingdom An application that has been made in the United States or in the United Kingdom When is the patent document made public? 18 months after a patent application is filed 6 months after a patent application is filed 12 months after a patent application is filed 24 months after a patent application is filed What is the maximum number of words allowed in the abstract of a patent application? 150 100 50 200 Which of the following statements is true? In Canada, a patent is given to the inventor who first files an application In Canada, a patent is given to the inventor who first requests an examination In Canada, a patent is given to the employer who first files an application In Canada, a patent is given to the employer who first requests an examination Which of the following statements is false? A patent is not necessary in each country in which you want protection A patent provides a patent owner with the exclusive right to manufacture, sell and use the patented invention In return for the grant of these patent rights, the patent must provide full disclosure of the invention The patent must provide a description of the invention in sufficient detail that anyone trained in the field in which the patent is directed would be able to practise the invention after reading the description What is a "first-to-file" patent system? Where more than one person has independently made the same invention, a patent is granted to the person who was first to file the patent application Where more than one person has independently made the same invention, a patent is granted to the person who was second to file the patent application Where more than one person has independently made the same invention, a patent is granted to the person who was first to invent the invention Where more than one person has independently made the same invention, a patent is granted to the person who was second to invent the invention Which of the following statements is false? A patent application does not contain drawings In order to obtain a patent, it is necessary to prepare and file a patent application with the Patent Office in the country or countries in which protection is sought A patent application contains a patent specification comprising a background to the invention A patent application contains a patent specification comprising a summary of the invention Which of the following statements is false? Examination of a patent application is conducted by an Examiner in the Trade-marks Office who is technically qualified in the field of technology to which the invention relates Examination commences only after a request for examination is filed It is possible to maintain an application pending for up to 5 years from the filing date Once examination has been requested, the Examiner will conduct a search of prior art, patents and non-patent literature The inventor of a new interlocking paving stone may not be able to obtain: Integrated circuit topographies An industrial design registration covering decorative features in the shape of the stone A trade-mark registration for the name under which the stone is sold Copyright on the information which may be presented in booklets or videos describing how to install the stones Why are the claims in a patent critical? Because they define the scope of the patent rights Because they do not define the essential characteristics of the invention Because they cover things that have previously been publicly known Because they inadequately distinguish the invention from prior inventions Which of the following statements is true? Once obtained, the patent is property which can be sold (assigned) or licensed Once obtained, the patent is property which can only be sold (assigned) Once obtained, the patent is property which can not be sold (assigned) Once obtained, the patent is property which can not be licensed Which of the following statements is false? Having a patent guarantees that the invention will be commercially successful Patents provide the possibility of protecting, and keeping exclusive, commercially important technology If you or your company owns a patent for a commercially important technology, then with these patent rights in hand, it is possible to create a monopoly in the marketplace until the expiry of the patent Start-up companies with promising technology and a solid patent portfolio protecting their technology attract the attention of the investment community What is a registered trade-mark? A registered trade-mark has been approved and entered on the Trade-mark Register A registered trade-mark has been approved and entered on the Patent Register A registered trade-mark has been approved and entered on the Copyright Register A registered trade-mark has been approved and entered on the Industrial designs Register What is an unregistered trade-mark? An unregistered trade-mark may be recognised through common law as the property of the owner An unregistered trade-mark may be recognised through civil law as the property of the owner An unregistered trade-mark may not be recognised An unregistered trade-mark does not exist Why register a trade-mark in Canada? Registration is direct (prima facie) evidence of exclusive ownership across Canada Registration is indirect evidence of non-exclusive ownership across Canada Registration is direct (prima facie) evidence of exclusive ownership across North America Registration is direct (prima facie) evidence of exclusive ownership across the world Why register a trade-mark? A registered trade-mark is a prerequisite for franchising a business A registered trade-mark is not a prerequisite for franchising a business A registered trade-mark is a prerequisite for starting a business A registered trade-mark is a prerequisite for closing a business What is the difference between a trade-mark and a trade name? A trade name is the name under which you conduct your business A trade name is the same as the trade-mark A trade name is the same as the legal name A trade name is the same as the family name Can a trade name be registered as a trade-mark? Yes, it can be registered as a trade-mark, but only if it is used to identify wares or services No Yes and No Yes, it can be registered as a trade-mark without any condition How do I register a trade-mark? You must file an application with the Trade-marks Office You must file an application with the Copyright Office You must file an application with the Industrial Design Office You must file an application with the Registrar of Integrated Circuit Topographies What is a trade-mark? A trade-mark is a word, symbol or design A trade-mark is only a word A trade-mark is only a symbol A trade-mark is only a symbol or design Is trade-mark registration mandatory? No Yes Yes, if the trade-mark is a word Yes, if the trade-mark is a symbol Who can register a trade-mark? Companies, individuals, partnerships, trade unions or lawful associations Companies only Individuals only Companies and individuals Does trade-mark registration in Canada protect my rights in other countries? No Yes, in the United States Yes, in the United Kingdom Yes, everywhere How many years is trade-mark registration effective? 15 5 10 20 What kinds of marks may be registered? Words used to distinguish the wares or services of one person or organisation Terms that are misleading Terms or symbols that are too similar to an existing trade-mark Terms and symbols that are expressly prohibited under the Trade-marks Act What kinds of marks may be registered? Symbols used to distinguish the wares or services of one person or organisation Terms that are considered immoral or offensive Plant variety denominations Protected geographical indications for wines and spirits What kinds of marks may not be registered? "Delicious" ice cream "COCA-COLA" "PEPSI" "VELCRO" What kinds of marks may not be registered? "Atlantic" cod "IBM" "HP" "KLEENEX" Will the Trade-marks Office tell me during my preliminary search if my trade-mark can be registered? No, the Office cannot provide a judgment at this stage Yes, the Office provides a preliminary judgment at this stage Yes, the Office provides a final judgment at this stage Yes, the Office provides a provisional judgment at this stage May I allow other parties to use my registered trade-mark? Yes, you may sell, bequeath or otherwise transfer your rights to a trade-mark through a process called assignment No Yes, but you may only sell your rights to a trade-mark through a process called consignment Yes, but you may only bequeath your rights to a trade-mark through a process called concession Will the Trade-marks Office ensure that my trade-mark is not infringed? No, the Trade-marks Office does not act as an enforcement agency Yes, the Trade-marks Office acts as an enforcement agency Yes, the Patent Office acts as an enforcement agency Yes, the Copyright Office acts as an enforcement agency Which of the following statements is true? The Trade-marks Act is federal legislation The Trade-marks Act is provincial legislation The Trade-marks Act is municipal legislation The Trade-marks Act is world legislation Which of the following statements is false? A trade-mark identifies a company and its business as a whole A trade-mark is used with specific products or services coming from a single source A trade name identifies a company and its business as a whole Words can be used interchangeably as both a trade-mark and a trade name What is not a copyright? The sole right to plagiarise The sole right to publish The sole right to produce or reproduce The sole right to perform in public Does the Copyright Office check to ensure that my claim of copyright is legitimate? No Yes, the Copyright Office verifies ownership No, but the Trade-marks Office verifies ownership No, but the Industrial Design Office verifies ownership In Canada, do I need to mark my work with a notice of copyright? No Yes, with a small "©", the name of the copyright owner and the year of first publication to be protected Yes, with the name of the copyright owner and the year of first publication to be protected Yes, with a small "©" only Is the copyright of a Canadian author valid in foreign countries? Yes, as long as the country in question belongs to one or more of the international copyright treaties, conventions or organisations No Yes, in the United States Yes, in the United Kingdom Is the copyright of a foreign author valid in Canada? Yes No Yes, only if the author is a citizen of the United States Yes, only if the author is a citizen of the United Kingdom Should I send copies of my work with my application? No Yes, copies of the sculptures must be enclosed Yes, copies of the paintings must be enclosed Yes, copies of the photographs must be enclosed What is copyright infringement? It is the unlawful use of protected copyright material It is the unlawful use of unprotected copyright material It is the legal use of protected copyright material It is the legal use of unprotected copyright material Will the Copyright Office prevent others from infringing my rights? No Yes, the Trade-marks Office acts as an enforcement agency Yes, the Patent Office acts as an enforcement agency Yes, the Copyright Office acts as an enforcement agency How do I register a copyright? You must file an application with the Copyright Office You must file an application with the Trade-marks Office You must file an application with the Patent Office You must file an application with the Registrar of Integrated Circuit Topographies To what does copyright apply? Original literary works Themes Ideas Most titles To which of the following items does copyright apply? Original musical works Most titles Names Catch phrases What is not protected by copyright? Themes Books Writings Music Which is not protected by copyright? Most titles Paintings Photographs Films Which of the following items is not protected by copyright? Catch phrases Television programs Radio programs Computer programs Are computer programs protected by copyright? Yes, all No Yes, but only FORTRAN Yes, but only C/C++ To which of the following items does copyright apply? A song The title for a song The idea for a plot A method of staging a play To which of the following items does copyright apply? A play A method of staging a play Hamlet (a work in the public domain) The facts in the article To which of the following items does copyright apply? A computer program The title for a song The facts in the article The name of the program To which of the following items does copyright not apply? The idea for a plot A novel A play A magazine article To which of the following items does copyright not apply? The facts in the article A novel A magazine article A computer program How do I obtain copyright? You acquire copyright automatically when you create an original work You have to ask for a copyright from the Copyright Office You have to register your copyright at the Copyright Office You have to obtain a permit for a copyright from the Canadian Intellectual Property Office (CIPO) Do I have to do anything to be protected for a copyright? No, you obtain copyright automatically Yes, you have to ask for a copyright Yes, you have to register your copyright Yes, you have to obtain a permit for a copyright How long does copyright last in Canada? Copyright exists for the life of the author plus 50 years following his or her death Copyright exists for the life of the author plus 100 years following his or her death Copyright exists for the life of the author plus 150 years following his or her death Copyright exists for the life of the author When does copyright protection expire? December 31 of the last calendar year of protection January 1 of the last calendar year of protection April 1 of the last calendar year of protection July 1 of the last calendar year of protection Once I have registered, do I have to pay further fees to maintain my copyright? No, the registration fee is a one-time expense Yes, yearly maintenance fees are required Yes, monthly maintenance fees are required Yes, weekly maintenance fees are required What are the benefits of copyright registration? Registration gives you a certificate stating that you are the copyright owner Registration gives you a certificate stating that you are not the copyright owner Registration gives you a poster stating that you are the copyright owner Registration gives you a diskette stating that you are the copyright owner What is an assignment of the copyright? An assignment is a transfer of ownership of the copyright from one party to another An assignment is a contract that, for specific purposes, allows someone to use a work temporarily An assignment is a contract that, for specific purposes, allows someone to use a work permanently An assignment is a theft of ownership of the copyright What is a licence of the copyright? A licence is a contract that, for specific purposes, allows someone to use a work temporarily A licence is a transfer of ownership of the copyright from one party to another A licence is a transfer of a certificate of the copyright from one party to another A licence is a theft of ownership of the copyright Which of the following statements is true? The Copyright Act is federal legislation The Copyright Act is provincial legislation The Copyright Act is municipal legislation The Copyright Act is world legislation What do "moral rights" of the Copyright Act include? The right to prevent the distortion or modification of the work The right to allow the distortion of the work The right to allow the modification of the work The right to allow the destruction of the work How do I obtain industrial design protection? You can obtain protection by submitting an application to the Industrial Design Office You can obtain protection by submitting an application to the Trade-marks Office You can obtain protection by submitting an application to the Copyright Office You can obtain protection by submitting an application to the Registrar of Integrated Circuit Topographies How long does registration for an industrial design last? 10 years 20 years 30 years 40 years What can be protected by an industrial design? The visual features of shape or configuration applied to a finished article of manufacture A manufacturing process The functional features of an article A principle of construction What can be protected by an industrial design? The visual features of shape or ornament applied to a finished article of manufacture A principle of construction A principle of how an article is built The materials used in the construction of an article What can be protected by an industrial design? The visual features of configuration or ornament applied to a finished article of manufacture The materials used in the construction of an article The useful purpose the design serves or is intended to serve Colour per se What can be protected by an industrial design? The shape of a table Colour per se Ideas A manufacturing process What cannot be protected by an industrial design? A manufacturing process The visual features of shape or configuration applied to a finished article of manufacture The visual features of shape or pattern applied to a finished article of manufacture The visual features of shape or ornament applied to a finished article of manufacture What cannot be protected by an industrial design? A principle of construction The visual features of shape or ornament applied to a finished article of manufacture The visual features of configuration or pattern applied to a finished article of manufacture The visual features of configuration or ornament applied to a finished article of manufacture What cannot be protected by an industrial design? The materials used in the construction of an article The visual features of configuration or ornament applied to a finished article of manufacture The visual features of pattern or ornament applied to a finished article of manufacture The shape of a table What cannot be protected by an industrial design? Colour per se The shape of a table The ornamentation on the handle of a spoon The visual features of shape or configuration applied to a finished article of manufacture If I register my industrial design in Canada, am I protected in other countries? No Yes, in the United States Yes, in the United Kingdom Yes, everywhere Can anyone make a search through the Industrial Design Office records to see what has been registered previously? Yes, anyone can conduct a search free of charge Yes, anyone can conduct a search for $10 CAD/hour No, only a student can conduct a search No, nobody can conduct a search Would the Industrial Design Office stop someone else from infringing my industrial design? No, the Industrial Design Office does not act as an enforcement agency Yes, the Trade-marks Office acts as an enforcement agency Yes, the Patent Office acts as an enforcement agency Yes, the Copyright Office acts as an enforcement agency May non-Canadians register their industrial designs in Canada? Yes No Yes, but only the citizens of the United States Yes, but only the citizens of the United Kingdom If I have a registered industrial design, do I have to put any marking on the articles to indicate this? No, marking is not required Yes, marking is required Yes, marking is required if the design is the visual features of shape Yes, marking is required if the design is the visual features of configuration What is the proper mark of an industrial design? A capital "D" in a circle and the name or abbreviation of the name of the design's proprietor A capital "ID" in a circle and the name or abbreviation of the name of the design's proprietor A capital "D" in a square and the name or abbreviation of the name of the design's proprietor A capital "ID" in a square and the name or abbreviation of the name of the design's proprietor What do I need in order to apply for industrial design registration? A completed application form, at least one drawing or photograph and the fee A completed application form only At least one drawing or photograph only The fee only What type of description do I not need to include in industrial design registration? How the article functions or performs Configuration Pattern Ornament What is an Integrated Circuit Topography (ICT)? The 3-dimensional configuration of the electronic circuits used in microchips and semiconductor chips The 1-dimensional configuration of the electronic circuits used in microchips and semiconductor chips The 3-dimensional configuration of the magnetic circuits used in microchips and semiconductor chips The 1-dimensional configuration of the magnetic circuits used in microchips and semiconductor chips Why obtain Integrated Circuit Topography protection? For exclusive rights over the copying of the topography and the commercialisation of circuits that contain the topography For non-exclusive rights over the copying of the topography and the commercialisation of circuits that contain the topography For inclusive rights over the copying of the topography and the commercialisation of circuits that contain the topography For non-inclusive rights over the copying of the topography and the commercialisation of circuits that contain the topography How do I obtain integrated circuit topography protection? You can obtain protection by submitting an application to the Registrar of Integrated Circuit Topographies You can obtain protection by submitting an application to the Patent Office You can obtain protection by submitting an application to the Trade-marks Office You can obtain protection by submitting an application to the Copyright Office Who can register an Integrated Circuit Topography? The creator of the topography The company of the creator of the topography The boss of the creator of the topography The federal government How many years is Integrated Circuit Topography registration effective? 10 5 15 20 Does registration of Integrated Circuit Topography in Canada protect my rights in other countries? No Yes, in the United States Yes, in the United Kingdom Yes, everywhere Will the Patent Office ensure that my Integrated Circuit Topography is not infringed? No, the Patent Office does not act as an enforcement agency Yes, the Trade-marks Office acts as an enforcement agency Yes, the Patent Office acts as an enforcement agency Yes, the Copyright Office acts as an enforcement agency