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Terms in this set (56)
Characterizes an individual's ability to exercise power over a thing to the exclusion of all other. Two people cannot own the same car, the possession of the car is exclusive. Two people can both own the same idea however, and that is where Intellectual Property law stems from.
Deals with Ownership
Non -Rivalrous Possession
A thing is non-rivalrous when my possession and enjoyment of it does not diminish your ability to do the same. Two people can both enjoy watching a television broadcast without hindering one another. Two people can also both enjoy the use of an idea however, this is another reason for Intellectual Property law.
Deals with Usage
Occurs when the supply of a natural resource is inadequate.
Occurs when an idea is rendered exclusive and rivalrous, thereby rendering its supply inadequate.
Intellectual Property Law
A set of rules that aims to balance the rights of a creator against the public interest. We have this law in order to allow creators to benefit off the fruit of their labor. We also have this law to ensure that the public can benefit from intangible property that can raise the well-being of society.
Forms of Intellectual Property Law
- Industrial Design
- Trade Secret
Provides the creator or owner with an exclusive right to commercially profit off of, and protect, the expression of an idea and the creative work associated with that idea.
Copyright is a creature of stature and The Copyright Act provides creators other economic and mortal rights as incentive to produce creative expression.
Requirements of a Copyright
There are three.
1. The work must be original
2. The work must be fixed
3. The work and its author must somehow be associated with Canada
Protected forms of expression under Copyright
1. Literary Works (eg Books, pamphlets etc)
2. Dramatic works (eg films, choreography)
3. Artistic works (eg painting, sculptures)
4 .Performances (eg singing, acting)
5. Musical works (eg compositions, melodies)
6. Sound recordings (eg CDs, MP3s)
7. Communication signals (broadcast signals)
Forms of Expression that are not protected by Copyright
Factual information such as scientific theory or recipes listed in a book
Names, Slogans, Titles etc. (Things that Should be Covered in Trademark)
a criteria for copyright, this refers to a work that is not copied from any other source but derived through the excersize of the author's (non-trivial and non-mechanical) skill and judgement.
Fixation (Fixed Work)
Copyright is usually restricted to the expression of a work in a fixed medium (It cannot just be a conversation). You must have a way to prove that the work you wish to copyright is tangible and not simply a passing thought, blurb of conversation, or un-written dance routine.
Authors Connection to Canada
Work that is
- Created in Canada
- Created outside of Canada by a Canadian Citizen
- Created by a resident in a treaty member state
Is protected by Canadian Copyright Law (Alongside the other two criteria)
Owner vs Author
Generally the owner of a Copyrighted work tends to be the author, however this is different in cases of employment. If the copy written work is in the scope of employment of the employee, than the owner is the company and the author is the employee. This rule generally does not cover independent contractors unless stipulated in the contract.
A Copyright can be bought, sold, licensed or given away.
Organizations that administer certain rights granted by the copyright system on behalf of copyright owners who are members of the collective.
Ex: Collecting an extra fee on the purchase of blank CDs or Collecting an annual fee from sports stadiums on behalf of distribution payments to be made to artists,
Copyright Rights that stay with the author regardless of who the owner is. These moral rights stipulate that the author has
- the right to attribution
- the right to integrity
- the right to be associated (or not associated) to a work
Occurs when a person other than the owner makes an unauthorized or unlicensed use of all or a substantial part of a work with no legal basis for doing so.
Examples of Copyright Infringements
- Reprinting an article without the copyright owner's permission
- playing records at a dance without the copyright owner's permission
- giving a public performance of a modern play without permission
- photocopying articles for a class of students without permission
- taping your favorite band at a music concert without permission
Technological Protection Measure
Any effective technology, device, or component that, in the ordinary course of its operation control access to a work.
Can you use any part of a Copyright without Infringing?
Yes, So long as you do not infringe upon a substantial part of a work. (This is quite subjective) Ex: Using 60 lines of code out of a software with 1400 lines
When can you Infringe a Copyright?
Some uses are lawful even without permission
- use of works for educational purposes or charitable events
- use of works as a matter of public interest
- use of works as fair dealing
- private study, research, criticism, reporting
Recent additions: education, parody, satire, format-shifting, the mashup and time-shifting
- Right to produce, reproduce, perform or publish work
and prevent others from doing so
- Right to fix work, or convert work into different forms
eg convert novel into sound recording
- Right to transfer or licence rights in exchange for royalties, free (eg as gift) or a lump sum
Copyright Modernization Act
Canada's new Copyright Modernization Act provides new measures to guard against digital copyright infringement.
-technological protection measures (digital locks)
-file sharing/ISP liability
-requires ISPs to notify customers of suspected infringement upon receipt of notice from owner
other provisions (see Figure 18.4, page 447 of text)
The most well known exemption from copyright. Fair dealing encompasses several enumerated categories of legitimate use of a work, including private study, research, criticism, review or news reporting.
Is a form of intellectual property protection that protects the names, slogans, symbols, and designs of a business. A trademark is used for brand recognition, goodwill and reputation for sellers. It is also used as a signal of quality for buyers.
A trademark may be sold or liscenced.
Right of Integrity
Used to protect against three things, Distortion, Mutilation and Alteration
Duration of a Copyright
In Canada, 50 years after the death of the author,
In America, it is 70 years
Duration of a Trademark
15 Years but can be renewed until perpituity
Trademark Dispute Rule
First to file gets the trademark.
A trademark is federal but it is registered provincially.
Tort of Passing off
Must Prove that
1) An established Trademark and goodwill exists
2) That Trademark has been infringed upon
3) A loss has been suffered
A Trademark Protects:
- Certification Marks
- Distinguishable Guise
Words, Symbols or designs that distinguish the goods or services of a business. It can also be a slogan
Ex: Tom's House of Pizza or the slogan "Pizza Made to Perfection"
Identify goods or services that meet a standard set by a governing organization.
Ex: Recognized by the Canadian Dental Association
Identify the unique three-dimensional shape of a product or its package
There are five
1) Exact Replica
2) Knock Off
3) Trademark Depreciation
5) Importing under false authority
What can you not Trademark
1) Names/Surnames of People Alone (Unless the name is synonmous with the product like Ford)
2) Clearly Descriptive i.e Selling a pen with the trademark "Pen"
3) Deceptively misdescriptive i.e 100% wool and it is not
4) Place of Origin
5) Words in Other Languages
7) Prohibited Marks
Remedies to Trademark Infringement
1) Compensatory Damages
2) Accounting of Profits
4) Delivering Up
A time-limited monopoly which allows the inventor exclusive rights to make, sell and market their invention for a period of up to 20 years.
This gives the patent holder a fixed-term monopoly in exchange for disclosing the invention to the public.
A patent must be
- Non Obvious
Rough and dirty patent, done so to save the spot and work on the details after the patent is ensured. it is like a draft
Natural law, scientific principle, abstract theory, computer programs, business methods (different in the U.S), higher life forms
Remedies of Patent Exploitation
- Comepnsatory Damages
- Accounting of Profits
- Delivering Up
Owner of patent rights may
- retain full control over patent (prevent others from using)
license the patent in exchange for royalties
-exclusive license: patent rights to a single licensee period with only title remaining with patent holder
-non-exclusive license: granted to one or many licensees
any license may be limited in time, field of use, and geography
-sell the patent for lump sum
Right to use anothers Patent
The law provides some limits to a patent holder's monopoly.
Others might be able to use patented inventions
for an experimental purpose
for non-commercial use
to obtain governmental approval
to repair and in some cases modify items
Internation Patent System
Inventors have 12 months to 2.5 years to register their patents in secondary nations after they apply for a patent in their primary nation
Material exchanged in relationship that prohibits recipient from sharing it or using it to disadvantage of person who communicated it.
Material may be confidential by confidentiality agreement or by common law
Liability may arise when confidential information
is improperly used by person entrusted with information
is improperly disclosed
Is used to determine the area of innovation a patent protects as the invention
Breech of Confidential
Occurs when a person who has been entrusted with confidential information uses that information improperly
A special type of confidential agreement that is never released as public information. This is done so the company can protect their special secret for perpetuity and continue to profit off of it for as long as the secret is safe.
EX: KFC Herbs and Spices
Consists of the features of shape, configuration, pattern, or ornament applied to a finished article to improve its aesthetic appeal. This lasts for a total of 10 years.
Patent Infringement Claims
The means by which a patent holder enforces his or her monopoly on what they have invented
Transfer all the patent rights to a single license for the agreed period of time with only title remaining with the patent holder
Non- Exclusive Licences
Can be granted to one or many licenses on a variety or different terms.
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