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Engineering Law > Ch 4: Property Law > Flashcards

Ch 4: Property Law Flashcards

1
Q

Law Addresses

A
  1. What can be property?

2. What does a property right give you?

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2
Q

Law Classifies ______ & Law Assigns _______ to different types of property & to different relationships with the property

A

the types of property, corresponding rights

Ex: Car

  • mom owns
  • son daily user
  • son’s gf borrower
  • Mechanic has lien against car
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3
Q

Two Types of Property:

A

Real & Personal

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4
Q

Who was the historical owner of all real property?

A

The Queen & The Government

in the Right of the Crown

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5
Q

Federal Gov. transferred ownership to:

A

Private Owners

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6
Q

Fed & Provincial gov owned __% of Canada’s Land

A

89%

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7
Q

What % of land does the BC gov. own of BC?

A

94%

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8
Q

Gov can take back private property through

A

Expropriation: occurs when a public agency takes private property for a purpose deemed to be in the public interest

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9
Q

Fee Simple means

A

Almost full ownership and rights

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10
Q

(REAL Property Law) Land Ownership can have what 2 ownerships?

A

Joint Tenancy: Partner B dies so A gets it all

Tenancy in Common: Partner B dies so land goes into B’s estate & will

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11
Q

(REAL Property Law) Land: What is excluded from Fee Simple?

A

Land: Oil and Gas, Minerals are excluded from Fee Simple

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12
Q

(REAL Property Law) Buildings: 3 physical rights include

A
  • lateral support right
  • riparian (water) rights
  • air rights
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13
Q

(REAL Property Law): Rights can ‘run with the land’ & ‘attaches’ to the land not the parties. Give 2 ex:

A
  • Lease
  • Mortgage
  • Easement / right of way
  • Restrictive covenant
  • Licence
  • Profit à prendre
  • Construction liens
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14
Q

(REAL Property Law): REGISTRATION: where do you register fee simple?

A

THE LAND REGISTRY / TITLES OFFICE

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15
Q

(REAL Property Law): REGISTRATION 2 types of systems

A

TORRENS SYSTEM (BC)

REGISTRY SYSTEM
Ont parts

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16
Q

(REAL Property Law): A Restrictive Covenant is:

A

a covenant imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved

17
Q

(PERSONAL Property Law):

2 Categories are

A

Tangible (chattels) & Intangible (Intellectual property)

Tangible things do not have ownership registry but BC has Personal
Property SECURITY Act registry

18
Q

(Intellectual Property Law):

Intangible, Intellectual Property is protected by

A

Federally protected by statue

19
Q

(Intellectual Property Law):

Intellectual Property includes: (name 2)

A
  • Copyright Act
  • Patent Act
  • Trade-marks Act
  • Industrial Design Act
  • Integrated Circuit Topography Act
20
Q

(Intellectual Property Law): Copyright: What is copyrighted / protected?

A

Literary
Music
Dramatic
Artistic

using © Name & Year of Publication

21
Q

(Intellectual Property Law): Copyright Rights & Protections include

A

Rights/Protections
• prohibits uses: publication/reproduction/performance/etc
•lasts life plus 50+
• owner
• engineer drawing plans (or employer)
• unless contracted otherwise

22
Q

(Intellectual Property Law): Patents: Name 3 things that are protected

A

INVENTIONS: process, machine, composition of matter, or an improvement on one of those

Must be registered
• within one year of becoming public (or lost)
• must be useful with commercial application
• must be well described so it can be made after patent expires

23
Q

(Intellectual Property Law): Patents Rights & Protections include

A

Rights/Protections
• Exclusive right to Make Sell and Use
• Lasts 20 years from date of application

24
Q

(Intellectual Property Law): Trademark: What is protected?

A

What is protected?
• marks that distinguish goods & services

Registered
• in Canada or internationally
• required to be distinct

25
Q

(Intellectual Property Law): Trademark Rights & Protections include

A 
Rights/Protections
• Exclusive use
• 15 years but renewable indefinitely 
• Must USE it or LOSE it
• Must PROTECT it or LOSE it
26
Q

(Intellectual Property Law): Industrial Design: What is protected?

A

• Protects novel & original shape/configuration/look

27
Q

(Intellectual Property Law): Industrial Design Rights & Protections include

A

Rights/Protections
• Exclusive use
• 10 years from registration

28
Q

(Intellectual Property Law): Integrated Circuits: What is protected?

A

Protects design of materials used and configuration

29
Q

(Intellectual Property Law): Integrated Circuits Rights & Protections include

A

Rights/Protections
• Exclusive right to reproduce/manufacture
• 10 years from registration

30
Q

(Intellectual Property Law): Messing with IP includes

A 
• infringement by doing anything
prohibited without consent
• remedies include
    • injunction
    • turning over infringing stuff
    • damages
          • lost profits
          •profits made

Engineering Law (13 decks)

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