2009 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.
University of Toronto Mississauga
Communication, Culture and Technology
2009 CCT206 Exam Part 2 Question 1 In a patent case one party is found to be guilty of patent infringement. Briefly explain what the term patent infringement means and discuss the potential remedies that are available to the plaintiff for the infringement if heshe wins the case Patents are a statutory monopoly right granted for a specific invention. A patent grant provides the owner with the exclusive right to use the invention, to manufacture or have others manufacture it and to sell a product incorporating it. Any act that interferes with the full enjoyment of the statutory monopoly is considered to be patent infringement. The statutory monopoly is defined through the statement of claims in the patent. Infringement can only occur within the breach of those claims. Some remedies available to patent owners that have successfully demonstrated infringement of their patent are: Court ordered injunctions (which prevents the infringer from future infringement), payment for damages (any lost or unrealized revenue as a result of patent infringement), and account and delivery (to patent owner) of infringing materials (all existing infringing materials must be listed and delivered to the patent owner). (Canada Patent Act SS. 54,55,57) Question 2 Briefly explain on the nature and function of precedents in Common Law Common law is law in which judges reference previous cases to reach conclusions or make decision with respect to a similar case or a case with similar facts or symptoms. Otherwise known as precedents, these references provide a basis for the decision that will be made in the case. Precedents serve to major functions in Common Law: they contribute to the maintenance of a regime of stable laws, and they ensure that law develops only in accordance with the changing perceptions of the community (thereby enabling them to more accurately reflect current morals and expectations of the community) (OurCivilization, 2011). Question 3 Briefly distinguish between: direct infringement of copyright, vicarious infringement of copyright and contributory infringement of copyright. 1. Direct infringement refers to the individual or corporation that is directly infringing on a copyright. Direct infringement does not require the infringer to know that the material being infringed is protected by copyright. www.notesolution.com