Question 2

YZ Ltd recently made a breakthrough in automobile engineering, it successfully created an automobile engine that is powered by water. After a series of tests and quality checks, YZ Ltd decided that it was time to file for a patent. In their patent application, in addition to claiming for the water-powered automobile engine, since the vehicle conveys people and goods from one point to another, YZ Ltd also claimed for the benefit of moving people and goods from point to another.

1. If you were the patent examiner at the Canadian Intellectual Property Office, how would you assess the claim?
2. Assuming the water-powered automobile engine is the first of its kind in the world and a person skilled in the art would not easily come to know the invention, and for these reasons, the patent examiner approved the patent application. Additionally, the patent examiner reasoned that full disclosure to the public of such a water-powered automobile engine would lead to more improvement in this technology. Do you agree with the patent examiner? Explain your answer.

Question 5

Playhouse Inchas been in business in Canada for a long time and their business focus is creating comic books for children. Playhouse has a collection of very popular comic books but two out of their collection particularly stand out from the rest in popularity and they have sold over 20 million copies in Canada. These two popular children's comic books areFun Stuff andPlay Time and Playhouse obtained copyright for both of them. Unfortunately for Playhouse, the copyright term for these two comic books expired on March 15, 2024. DIY Books (a publisher of children's books) had been waiting patiently forFun Stuff andPlay Time to fall into the public domain so it could move quickly to engage in mass reproduction ofFun Stuff andPlay Time and start selling them online. On March 14, 2024 DIY Books launched its online bookstore and started selling copies ofFun Stuff. Due to logistics delays, DIY Books started reproducingPlay Time on March 20, 2024 and eventually started selling copies online on March 25, 2024. DIY Books made massive sales and profited enormously from the reproduction and sales ofFun Stuff andPlay Time.

Playhouse has approached its IP Lawyer, who advised that sinceFun Stuff andPlay Time were in the public domain, DIY Books is entitled to reproduce them and there is nothing Playhouse could do.

1. Do you agree with the advice from the IP Lawyer? State whether you agree or disagree and explain your answer.

2. If DIY Books had approached you for advice before launching its reproduction ofFun Stuff andPlay Time, what advice would you have given to DIY Books?