Chapter 13 - intellectual property

Question 1

intellectual property

Answer 1

subcat of intangible personal property referring to ideas, info and creative workds

Question 2

purpose of law

Answer 2

protect product of mental effort
encourage free flow of new ideas

Question 3

5 types of intellectual property

Answer 3

copyright
patents
trademarks
industrial design
integrated circuit topography

Question 4

copyright

Answer 4

monopoly to copy or reproduce a created work

only the actual work itself is protected, not the ideas or thought

Question 5

how long does creator of copyright have rights

Answer 5

50 years

Question 6

works protected by the copyright act

Answer 6

literary
dramatic
musical
artistic
perfromances
sound recordings
communication signals

Question 7

ownership

Answer 7

the creator or employer owns the work unless there is an agreement otherwise

creator retains moral rights - the work may not be used in assn with a product, service, cause or institution that is prejudicial to the reputation of the author

Question 8

creation of copyright

Answer 8

existence of copyright is automatic in canada

Question 9

fair dealing exception

Answer 9

expands rights to use copyrighted work under certain conditions

education
parody
satire
research
private study
new reporting
critcism
review

Question 10

infringing copyrights includes

Answer 10

benefitting from sale reporduction
distribution
other commercial use
plagiarism

Question 11

copyright infringement remedies

Answer 11

injunction
compensation

Question 12

patent

Answer 12

the exclusive right to produce, market and sell import or otherwise profit from a specific invention

Question 13

to qualify the invention:

Answer 13

new and no one else has patent for it
original work of the investor
unique and distinguishable
useful
possible to build on basis of instructions filed with patent office

Question 14

what is not patentable

Answer 14

theories, concepts, or obvious improvements

scientific principles and abstract theories
products designed for illegal purposes

Question 15

process of obtaining patent

Answer 15

patent records searched to see if a patent already exists and application submitted
patent office assigns examiner
patent granted when all conditions met

Question 16

how long do patents last

Answer 16

20 years

Question 17

trademark

Answer 17

protects terms, symbols, designs, sounds or colours that identify a product or company and distinguishes it from a competitor

Question 18

trademarks on the internet

Answer 18

downloading and using trademarks for own purposes in an infringement

Question 19

goodwill

Answer 19

reputation, ongoing relations with customers, and product identification

Question 20

how long are trademarks portected

Answer 20

15 years

Question 21

passing off action

Answer 21

prevents misleading the public into thinking it is dealing with a different business or person

Question 22

industrial design act

Answer 22

last 10 years - pay maintenance fee after 5 years

registration of a unique shape, pattern

Question 23

integrated circuit topography act

Answer 23

protects 3d design of integrated circuits

Question 24

remedies for infringment

Answer 24

damages and injunction
payment of royalties
punitive damanges
seizure and destruction of the offending product

Question 25

confidential info

Answer 25

given in circumstances where it is clear that the info is intended to remain confidential and not be disclosed

Question 26

trade secret

Answer 26

particular kind of confidential info that gives a businessperson a competitive advantage

info must be valuable to the business
not commonly known or readily available

Question 27

remedies of trade secret

Answer 27

injunction, damages, accounting