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MGMT 480: Business Law > Chapter 13: Intellectual Property > Flashcards

Chapter 13: Intellectual Property Flashcards

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1
Q

LO 13.1 Identify five main types of intellectual property and distinguish them from other forms of personal property

A

LO 13.1 Identify five main types of intellectual property and distinguish them from other forms of personal property

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2
Q

Intellectual property

A

personal property in the form of ideas and creative work

is a subcategory of intangible personal property
referring to ideas, information, and creative works

Balance between protection of a product of a persons mental effort and the free flow of new and innovative ideas

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3
Q

Real property

A

refers to land and things attached to it

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4
Q

Personal property

A

can be tangible or intangible.

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5
Q

Tangible personal property

A

consists of movable things in the form of goods or chattels.

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6
Q

Intangible personal property

A

refers to rights or claims that one person has that have value and can be enforced in the courts, such as the right to collect a debt

These rights are often referred to as a chose in action or a right to sue

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7
Q

Most legislation protecting intellectual property is federal, with copyright and patent legislation being exclusively granted to the federal
government in the ___________

A

Constitution Act, 1867

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8
Q

The Copyright Act

A

first enacted in 1928 and amended several times since then, is still in place

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9
Q

Copyright Modernization Act

A

came into force in November 2012, was enacted to bring Canadian copyright law in line with international treaties and to address the issues raised by technological advances in the online storage of and access to copyrightable resources

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10
Q

Canadian copyright law

A

specifically protects computer software and also protects original works published on the internet.

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11
Q

Trademark law

A

applies to physical symbols, such as brand names and company logos as well domain names and website logos.

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12
Q

Copyright

LO 13.2, 13.3, 13.4

A

Copyright

LO 13.2, 13.3, 13.4

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13
Q

How long is copyright protection?

A

Copyright protection is extended to authors and artists to the end of the calendar year in which they die, and for a further 50 years after that date, and in Canada this protection applies without any formal registration of the copyright.

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14
Q

Copyright definition

A

control over the use and reproduction of the expression of creative work;
type of intellectual property

The actual finished product, not the idea!

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15
Q

Public domain

A

the category of works that are no longer copyrighted and may be used by anyone

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16
Q

When is copyright date reduced?

A

This period is reduced to just 50 years (from the
date of creation) when a corporation is involved, the author is not known,
or the work involves such things as movies, photographs, performances,
or sound recordings

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17
Q

Table 13.1 (Page 1837)

A

Literary works
Dramatic works
Musical Works
Artistic works

Performances
Sound recordings
Communication signals

Creation of the work generates copyright protection, although registration at CIPO is often advised

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18
Q

Integrated Circuit Topography Act

A

to protect the design of the integrated circuit expressed in the computer chip itself. The actual three-dimensional design has to be registered, and
the protection granted is for a period of 10 years

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19
Q

To obtain copyright protection in Canada, you must:

A

be a citizen
or resident of Canada or a citizen, subject, or resident of one of the
countries that adhere to the Berne Copyright Convention

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20
Q

Persons whose country is a member of the World Trade Organization can also secure

A

copyright protection through its Agreement on Trade-Related Aspects of
Intellectual Property Rights

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21
Q

Moral rights

A

an author’s right to prohibit others, including any new owner of a creative work, from distorting or degrading it, associating the work with particular causes or entities, and the right of attribution (to be named)

Example: Sarah McLagulin

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22
Q

Three moral rights

A

1) Attribution
2) Integrity
3) Association

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23
Q

These three moral rights (attribution, integrity, and association) allow the artist, author, or performer to
demand that

A

(1) her name (or a pseudonym) continue to associated with the work as its author;

(2) the work not be distorted, mutilated, or
otherwise changed in such a way as to degrade it and bring harm to the reputation of the author; and

(3) the work not be associated with any
products, causes, services, or institutions in a way that is prejudicial to the author’s reputation

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24
Q

2012 Amendments to the Copyright Act

A

2012 Amendments to the Copyright Act

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25
Q

Digital locks, which attempt to secure online content from unauthorized access and use, were not protected prior to the 2012 amendments.

A

Now it is against the law to circumvent access control locks, with some exceptions, such as unlocking a cell phone

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26
Q

Software and content distribution companies can now protect what they create and sell

A

Even where the material is downloaded for personal use, research, or study purposes (which are fair dealing exceptions), the user will be in violation of this provision if he circumvents the locks to gain access

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27
Q

Fair Dealing

A

use of copyrighted material (as permitted under Canadian law) for the purposes of research or private study, criticism or review, or news reporting

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28
Q

Plagiarism (copying another’s work and claiming it as your own) is also a __________________

A

violation of copyright

29
Q

Other categories of users to whom exceptions are granted are

A

(1) libraries, archives, and museums;

(2) persons with perceptual disabilities;
and

(3) people making private copies of commercially recorded music or sound recordings

30
Q

Interlocutory injunction

A

a court order issued before a trial to stop an ongoing injury

31
Q

To obtain an

interlocutory injunction

A

the plaintiff must establish a prima facie case:

(1) that there has been an infringement of copyright;
(2) that if the injunction is not granted, irreparable harm will be suffered that could not properly be compensated for by an award of damages at the trial; and
(3) that the balance of convenience is also in the plaintiff’s favour

32
Q

Balance of convenience

A

determination of who will suffer the greatest injury if the damage were allowed to continue

33
Q

Anton Piller order

A

a court order to seize offending material before trial; name derives from a
prominent English case where the order was first used

34
Q

Permanent injunction

A

a court order prohibiting offending conduct

35
Q

If the defendants were unaware they were violating copyright, the only remedy under the Copyright Act is _______________________

A

an injunction

36
Q

Delivery up

A

an order directing the defendant to deliver all copies of the infringing items in her possession or control to the copyright owner

37
Q

Where the infringement took place knowingly, ___________________ and or _____________ may be obtained

A

damages or an accounting

38
Q

An award of __________ is calculated to compensate the victim for the losses suffered, including the lost profits that would have been earned had the copyright not been infringed

A

damages

39
Q

An __________ is often given where it would be difficult to determine what actual damages have
been suffered

A

accounting

40
Q

The court may also award __________ in cases of flagrant violation to punish the offender rather than simply to compensate the victim of the infringement

A

punitive damages

41
Q

Statutory damages

A

a new remedy enabling a court to award damages that it “considers just” under the circumstances, without requiring proof of damage or lost profits

with a general limit of between $500 and $20 000

42
Q

The Copyright Act also provides a copyright owner with three additional
remedies

A

1) Statutory damages
2) Wider or enhanced injunction
3) Summary procedures

43
Q

Summary procedures

A

an arrangement allowing a court to make a decision based on affidavit evidence

44
Q

Tariffs

A

are set fees that users must pay for using certain

copyrighted material

45
Q

Patents

LO 13.5 Describe the rights protected by patent laws

A

Patents

LO 13.5 Describe the rights protected by patent laws

46
Q

Patent definition

A

a government-granted monopoly prohibiting anyone but the patent owner and licensees from making, using, selling, or importing the invention

Unlike copyright, patent protection extends to the
abstract conception of the idea rather than the physical expression of it.

Opposite of copyright as the idea is protected and not the finished product

IT MUST BE REGISTERED (CIPO)

47
Q

To qualify for a patent

A

the invention must be new, in the sense that no one else has been given a patent for it and that it has not been disclosed to the public in Canada or elsewhere more than a year prior to application

The invention must also be unique and distinguishable from other products.

It must be a development or improvement that would not have been obvious to others working with the technology involved.

It must have some utility or perform some useful, commercial or industrial function.

It must also be possible to construct and use it on the basis of the information supplied to the patent office

48
Q

The process of obtaining a patent is complex

A

First, the patent records must be searched to see if a patent already exists, and then an application with supporting documentation and the prescribed fee must be submitted to the appropriate patent office

The patent office then assigns an examiner, who may
require further submissions from the applicant, and when all conditions have been met, the patent will be granted

Pursuant to international agreements, once a Canadian patent application has been filed, application can be made for patents in other jurisdictions, but priority in those countries will be based on when the application was first made in Canada.

49
Q

Patents time length

A

A patent gives its holder a monopoly for a
maximum period of 20 years from the date of application, but it requires
that the inventor publicly disclose how to make the item in documents
that are open to public inspection 18 months after filing

50
Q

A patent will even protect someone who
merely develops a variation of the product, providing that variation satisfies the three basic criteria for patentability:

A

(1) it must be new and original;
(2) it must be inventive, displaying ingenuity on the inventor’s part and not simply an obvious improvement; and
(3) it must be useful, functional, and operational

51
Q

Trademarks

LO 13.6 Distinguish between trademarks and industrial designs

A

Trademarks

LO 13.6 Distinguish between trademarks and industrial designs

52
Q

Trademark definition

A

any terms, letters, numbers, symbols, designs, colours, sounds, or combination of these, that identifies business services or products and distinguishes them from those of a competitor

A trademark identifies the
source or manufacturer of the goods rather than the product itself

53
Q

Registered trademarks are protected by the federal _______________

A

Trade-marks Act

54
Q

Examples of Trade Marks

A

The Apple logo, the Nike swoosh, and the McDonald’s arches are memorable examples of symbols that quickly and positively identify brands

55
Q

Goodwill definition

A

a business’s reputation and ongoing relations with customers and product
identification

56
Q

Applying for trademark registration is a complicated process

A

requiring the services of an expert, and once registered, a trademark must be used

57
Q

Registered vs unregistered trademark

A

Also, whenever the trademark appears it should be
marked with the symbol “®” (indicating that the trademark has been
registered). An unregistered trademark can be marked with “TM.”

58
Q

Passing-off

A

the tort of misleading the public about the identity of a business or product

59
Q

Two other federal acts protect intellectual property

A

1) Through registration under the federal Industrial Design Act an inventor can protect a unique
design, shape, or pattern that distinguishes a manufactured article, such as the Coca-Cola bottle

2) The Integrated Circuit Topography Act

60
Q

The Integrated Circuit Topography Act

A

is specifically

intended to protect the 3-D design of integrated circuits

61
Q

Confidential Information

A

private information, the disclosure of which would be injurious to a business; a type of intellectual property

62
Q

Trade Secrets

A

confidential information that gives a business competitive advantage

Examples: Customer lists, formulas, processes, source code, specific technical knowledge, and other unique features unknown to competitors are trade secrets

63
Q

Restrictive covenant

A

in property law, a condition imposed by the seller as to what the purchaser can use the land for; in employment law, a commitment not to
work in a certain geographical area for a designated period of time

64
Q

Where someone wrongfully discloses information causing harm

A

the remedies of injunction, damages, and accounting may be available

65
Q

Regulating Information Technology

LO 13.8 Describe how the growth of the internet and
information technology has impacted intellectual property and business

A

Regulating Information Technology

LO 13.8 Describe how the growth of the internet and
information technology has impacted intellectual property and business

66
Q

The Privacy Act

A

protects information held by government institutions, limits its collection, and provides for limited
access where appropriate

67
Q

The Personal Information Protection and Electronic Documents Act (PIPEDA)

A

covers all areas of federal jurisdiction and the provinces as well, unless they have passed
similar legislation.

The acts restrict the use of all health-related
information, customer lists, consumer purchasing habits, credit and entertainment information, information gathered from websites, subscriptions to magazines and internet services, or any other personal
information held by a company that relates to identifiable individuals.

68
Q

Netiquette

A

a code of conduct for online activities

69
Q

Copyright belongs to

A

The person wo created the work or where the employer where the work was created as part of employment (unless employment contract specified differently)

MGMT 480: Business Law (14 decks)

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