An industrial design registration lasts for ten years

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An industrial design registration lasts for ten years. The owner of the design will not be entitled to a court award for infringement if its products were not properly marked to give notice of its registration. PTS: 1 DIF: Medium REF: 432 BLM: Remember 2. List the factors identified by the Supreme Court of Canada that must be considered with respect to a confusion created by similar trademarks. ANS: The factors identified by the Supreme Court of Canada that must be considered with respect to a confusion created by similar trademarks are as follows: i) the difference between goods or services associated with trademarks ii) the distinctiveness of the marks iii) the length of time the marks were used iv) the nature of the wares, services, or business v) the nature of the trade vi) the degree of resemblance PTS: 1 DIF: Medium REF: 438 BLM: Remember
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3. Briefly discuss how entitlement to the registration of a trademark is established. ANS: The first person who uses or makes a trademark known in Canada is entitled to trademark registration. In the absence of use, the first to file a trademark application is entitled to registration. PTS: 1 DIF: Easy REF: 439 BLM: Remember 4. List the various categories of works that copyright applies to, and provide an example of each. ANS: Copyright applies to every original work in the following categories: i) literary works: books, pamphlets, compilations, translations, and computer programs ii) dramatic works: any piece of recitation, choreographic works, scenic arrangements, and cinematography productions such as plays, operas, mime, films, videos, and screenplays iii) musical works: any combination of melody and harmony, including sheet music iv) artistic works: paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works of art PTS: 1 DIF: Medium REF: 440 BLM: Remember 5. Identify the requirements that a work must possess in order to attract copyright protection, and briefly discuss any intended purpose for requiring the same. ANS: To attract copyright protection, a work must meet requirements of originality and fixation. Originality means that the work must originate from the author, not be copied from another, and must involve the exercise of skill and judgment. The requirement of fixation means that the work must be expressed in some fixed form, such as on paper or diskette. The fixation
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  • Fall '13
  • DougPeterson
  • Intellectual property law

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