1.A Canadian patent protects a new and useful invention for a term of:
- A.10 years from the date of registration
- B.15 years, renewable indefinitely
- C.20 years from the date of registration
- D.The life of the inventor plus 50 years
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Correct answer: C. 20 years from the date of registration
A patent protects a new and useful invention and the exclusive rights to produce, sell, and use it for 20 years from the date of registration. It must be registered with the patent office to be valid.
2.Which form of intellectual property does NOT need to be registered in order to be valid?
- A.Patent
- B.Copyright
- C.Trademark
- D.Industrial design
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Correct answer: B. Copyright
Copyright protects literary, musical, dramatic, and artistic works and does not need to be registered to be valid. Patents, trademarks, and industrial designs must all be registered to be protected.
3.How long does copyright protection generally last under current Canadian law?
- A.For 20 years from registration
- B.For the lifetime of the creator plus 70 years
- C.For 15 years, renewable indefinitely
- D.For the lifetime of the creator plus 50 years
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Correct answer: B. For the lifetime of the creator plus 70 years
Under current Canadian law (in force since December 2022 under CUSMA), copyright generally lasts for the lifetime of the creator plus 70 years. Older study materials cite life plus 50 years, which was the rule before the 2022 extension. Copyright protects against copying, publication, and performance of the work.
4.An engineer wishes to protect the distinctive aesthetic shape and visual appearance of a new product (not how it functions). The appropriate form of protection is a(n):
- A.Patent
- B.Trademark
- C.Industrial design
- D.Trade secret
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Correct answer: C. Industrial design
An industrial design protects the aesthetic appearance, shape, configuration, and general look of an item for 10 years. A patent protects how a device functions; a trademark protects identifying marks; a trade secret protects confidential business information.
5.Which of the following best describes the protection given to a trade secret?
- A.It is automatically registered for 20 years once disclosed
- B.It has no formal legal registration status, but can be protected through secrecy contracts enforced under contract or tort law
- C.It is protected for the life of the creator plus 50 years
- D.It must be registered with the patent office like an invention
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Correct answer: B. It has no formal legal registration status, but can be protected through secrecy contracts enforced under contract or tort law
A trade secret has no formal legal status as registered IP. A company protects it by keeping it secret and having employees sign secrecy (confidentiality) contracts, which can then be enforced under contract law or tort law.
6.What is the basic principle behind regulating intellectual property?
- A.To limit the amount of profit a creator can make from a product
- B.To ensure foreign companies are the only ones who may copy an idea
- C.To encourage creativity by protecting the rights of creative people and providing an orderly way to exchange creative ideas
- D.To eliminate competition by granting permanent monopolies
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Correct answer: C. To encourage creativity by protecting the rights of creative people and providing an orderly way to exchange creative ideas
The basic principle of IP regulation is to encourage creativity by protecting the rights of creative people, while providing an orderly way to exchange creative ideas so society can benefit. It is not designed to cap profits or grant permanent monopolies.
7.A patent in Canada is valid for:
- A.10 years from the date of grant
- B.20 years from the date of filing
- C.The lifetime of the inventor
- D.50 years from the date of invention
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Correct answer: B. 20 years from the date of filing
Canadian patents are valid for 20 years from the filing date.
8.Which of the following is NOT a requirement for patentability in Canada?
- A.Novelty
- B.Usefulness
- C.Non-obviousness
- D.Commercial success
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Correct answer: D. Commercial success
The three requirements for a patent are novelty, usefulness, and non-obviousness. Commercial success is not a patentability requirement.
9.Intellectual property created by an employee in the course of employment generally belongs to:
- A.The employee
- B.The employer
- C.The government
- D.The professional association
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Correct answer: B. The employer
IP created by an employee in the course of their employment generally belongs to the employer unless there is a written agreement stating otherwise.
10.A trade secret differs from a patent in that:
- A.A trade secret has stronger legal protection
- B.A trade secret has no time limit but is lost once publicly disclosed
- C.A trade secret must be registered with the government
- D.A trade secret can only protect manufacturing processes
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Correct answer: B. A trade secret has no time limit but is lost once publicly disclosed
A trade secret has no expiry but offers no legal protection once disclosed. A patent provides legal protection for 20 years but requires public disclosure of the invention.
11."Fair dealing" in Canadian copyright law allows:
- A.Unlimited copying for any purpose
- B.Limited use without permission for purposes such as research, private study, and education
- C.Free use of any copyrighted material for commercial purposes
- D.Complete reproduction of a work if the author is credited
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Correct answer: B. Limited use without permission for purposes such as research, private study, and education
Fair dealing permits limited use of copyrighted material without permission for specific purposes such as research, private study, education, parody, satire, criticism, review, or news reporting.
12."Moral rights" in copyright law:
- A.Can be assigned or sold to third parties
- B.Include the right to attribution and protection against modifications that harm the author's reputation
- C.Expire when the copyright is transferred
- D.Only apply to works created by corporations
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Correct answer: B. Include the right to attribution and protection against modifications that harm the author's reputation
Moral rights include the right to be identified with the work (attribution) and to prevent modifications that harm the author's honour or reputation. They cannot be assigned but can be waived.
13.Industrial design protection in Canada covers:
- A.The functional aspects of an invention
- B.The visual features (shape, pattern, ornament) of a manufactured article
- C.Trade secrets and confidential processes
- D.All forms of intellectual property
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Correct answer: B. The visual features (shape, pattern, ornament) of a manufactured article
Industrial design protection covers the visual features of shape, pattern, or ornament of a manufactured article. Registration provides exclusive rights for up to 15 years in Canada.
14.Copyright in Canada generally lasts for:
- A.The life of the author only
- B.Life of the author plus 70 years
- C.20 years from creation
- D.50 years from publication
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Correct answer: B. Life of the author plus 70 years
In Canada, copyright generally lasts for the life of the author plus 70 years (extended from 50 years following amendments to the Copyright Act).
15.A patent infringement lawsuit can result in:
- A.Criminal imprisonment only
- B.Injunctions and monetary damages
- C.Automatic revocation of the infringer's business licence
- D.Nothing, as patents are merely advisory
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Correct answer: B. Injunctions and monetary damages
A patent holder can seek injunctions (court orders to stop the infringement) and monetary damages through the courts for patent infringement.
16.An engineer leaving employment must:
- A.Take copies of all project files for their portfolio
- B.Not take proprietary information or trade secrets from the former employer
- C.Disclose all client information to their new employer
- D.Destroy all work they contributed to
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Correct answer: B. Not take proprietary information or trade secrets from the former employer
When leaving employment, engineers must not take proprietary information, designs, or trade secrets. IP created during employment generally belongs to the employer.
17.A "non-disclosure agreement" (NDA) is primarily used to protect:
- A.Patents and registered trademarks
- B.Confidential information and trade secrets
- C.Employee benefits and salary information
- D.Environmental assessment results
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Correct answer: B. Confidential information and trade secrets
NDAs are contracts in which parties agree not to disclose confidential information shared during a business relationship. They are a primary tool for protecting trade secrets and proprietary information.
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