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2008 Exam for 206 with completed Short Essay Answers-- These documents have been forwarded to Professor Wensley and should therefore not be plagiarised for risk of your own expulsion.

4 Pages
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Department
Communication, Culture and Technology
Course Code
CCT206H5
Professor
Anthony Wensley

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2008 CCT206 Exam Part 2
Question 1
When one files for a patent a “Statement of Claimsis made. What are claims and why are they
important?
Claims are statements that are made at the end of a patent or patent application, which clearly define what
aspect/s of the invention the inventor/s claim entitlement to. Claims can be either dependent or
independent. Dependent claims depend on other claims and both must be read in order to interpret the
claim properly; Independent claims stand on their own.
(e.g. Apple: Claim (1) A Machine method...device...having digital cameraIndependent. Claim (2) The
method of claim 1 wherein the display screen is a touch sensitiveDependent.)
The Statement of Claims defines the scope of protection for the patent holders. Patents give the owner the
right to exclude others from producing, using, distributing, offering or selling your work to others. Claims
are important because in order to enforce this exclusion in a court the owner must prove that what the
defendant is using falls within the scope of the owners statement of claims.
Question 2
Briefly explain the common law doctrine of laches and give an example of its application
The Common Law Doctrine of Laches refers to the plaintiffs duty to mitigate their loss or damages. This
can mean delaying in filing a claim (lapse of time). Laches are much like Statutes of Limitation but they
are equitable not statutory (common law not written legislation).
CASE: In Janiak v Ippolito (1985), 16 D.L.R. (4th ) 1 (S.C.C.), Judge stated that:
The general rule of mitigation of damage applicable to both breach of contract and tort is that the
aggrieved party must take all reasonable steps to mitigate the loss and cannot claim for avoidable loss
In the case of contract, damages for breach are reduced by the amount of loss that should have been
avoided if the plaintiff had taken reasonable steps to mitigate."
Question 3
Briefly distinguish between: direct infringement of copyright, vicarious infringement of copyright
and contributory infringement of copyright.
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Description
2008 CCT206 Exam Part 2 Question 1 When one files for a patent a Statement of Claims is made. What are claims and why are they important? Claims are statements that are made at the end of a patent or patent application, which clearly define what aspects of the invention the inventors claim entitlement to. Claims can be either dependent or independent. Dependent claims depend on other claims and both must be read in order to interpret the claim properly; Independent claims stand on their own. (e.g. Apple: Claim (1) A Machine method...device...having digital camera Independent. Claim (2) The method of claim 1 wherein the display screen is a touch sensitive Dependent.) The Statement of Claims defines the scope of protection for the patent holders. Patents give the owner the right to exclude others from producing, using, distributing, offering or selling your work to others. Claims are important because in order to enforce this exclusion in a court the owner must prove that what the defendant is using falls within the scope of the owners statement of claims. Question 2 Briefly explain the common law doctrine of laches and give an example of its application The Common Law Doctrine of Laches refers to the plaintiffs duty to mitigate their loss or damages. This can mean delaying in filing a claim (lapse of time). Laches are much like Statutes of Limitation but they are equitable not statutory (common law not written legislation). th CASE: In Janiak v Ippolito (1985), 16 D.L.R. (4 ) 1 (S.C.C.), Judge stated that: The general rule of mitigation of damage applicable to both breach of contract and tort is that the aggrieved party must take all reasonable steps to mitigate the loss and cannot claim for avoidable loss In the case of contract, damages for breach are reduced by the amount of loss that should have been avoided if the plaintiff had taken reasonable steps to mitigate. Question 3 Briefly distinguish between: direct infringement of copyright, vicarious infringement of copyright and contributory infringement of copyright. www.notesolution.com
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