CCT206H5 Study Guide - Final Guide: Michael Baigent, World Intellectual Property Organization, Merovingian Dynasty

, Winter 2009
5 pages417 viewsWinter

Department
Communication, Culture and Technology
Course Code
CCT206H5
Professor
Anthony Wensley
Study Guide
Final

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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 he/she 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.
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2.Contributory Infringement refers to any individual or corporation that facilitates infringement.
In this case there is knowledge of infringement required to be charged with contributory
infringement of copyright.
3.Vicarious infringement refers to an individual or corporation who is committing contributory
infringement with a commercial element, (e.g. they stand to benefit financially from the
infringement) and has the ability to control that infringement. An example is a flea market owner
who allows a vendor to sell photocopied novels.
Question 4
In PIPEDA, personal information cannot be collected on individuals without their consent. Consent
may be implicit (implied) or explicit. Briefly explain the difference between these two different types
of consent. Which would you advise a company or organization to rely on? Why?
Implied consent is informal consent and considers the totality of all the circumstances with respect to
consent. Implied consent can be reasonably inferred from the actions or inactions of the subject.
Express consent means that verbal or written permission or authorization has been obtained from the
subject for the collection, use or disclosure of his/her own personal information.
I would advise a company to rely on express consent as it is indisputable. Very rarely will a court deem
that a term or condition (with respect to privacy) is unreasonable if the subject has expressly consented to
those terms.
Question 5
You operate a website in the US and you are being sued by a company that claims that your site is
being used by individuals to share material that infringers on their copyrights. On what basis would
you argue you were not liable? What would you have to demonstrate to the court to support your
defense? Clearly identify any laws you would rely on.
DMCA Safe Harbor? Also look into Communications Decency Act for possible answer. Remember to ask
prof about this question as current understanding is that the only way you cannot be liable is if you
entered into agreement with users (contractual) with respect to the nature of liability towards copyright
infringement.
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