Chapter 18 Flashcards
What is Intellectual Property?
results of the creative process - expression of idea not the idea itself, trademarks etc. also the protection attached to ideas - patents, copyright, trademarks
What do Patents protect?
Inventions to exclude others from new technology. To make, use or sell an invention
What do Industrial Designs protect?
Appearance of mass produced(more than 50) against copying, visual features of shape, configuration, pattern or any of these to applied to a finished article of manufature,
What does Copyrights prevent?
Copying of certain works of a provider, protects the Expression of ideas. (written material)
What is an invention?
Any new and useful art, process, machine etc. or new and useful improvement
What are some exclusions from Patent Protection?
Things that receive exclusive protection under other areas or law, that do not meet the definition of a patent, that are for policy reasons
What are the requirements for patentability?
Must be new(1 year after released to the public), useful, and unobvious(requires an inventive step)
Who is a Patent Agent?
Professional trained in patent law who assists in preparation in patent application
How long does the patent give the rights to exclude others from making the invention?
20 years from the date of filing, useful life is usually on 17 cause it takes 3 years to file and get the patent
What are the requirements for registration for industrial design?
must be original and novel
What is the process for industrial design?
File the application, gives owner the right to make, import, sell and last for 10 years
What is a trademark?
A word, symbol, design, or combination to distinguish the source of the good, CANT be colours or smells but sounds can be
What are the common laws of trade marks?
Can be registered or unregistered, can enjoy protection throughout the country if registered
What is Cyber squatting?
Bad faith practice of registering trademarks or trade names for the purpose of selling the domain name of the rightful owner
What are the Requirements for registration for trademarks?
You need a title, distinctiveness, and registerabiltiy(not the name of an individual who is living or died within 30 years, descriptive character of goods/service, confused with other trademarks, name in language in connection with which its used)
What is the registration process for a trademark?
First to use or make it known, background check to ensure that it doesn’t exist, provides protection for 15 year but CAN be renewed
What do copyrights apply to?
Original literary, dramatic, musical, artistic work. Anything written, composed, or drawn
What are the requirements for copyrights?
Originality and fixation(work is expressed in some fixed form such as paper or disk), the work must originate from author, not copied from another and involve the exercise of skill and judgment
How long is the life of a copyright?
its lasts a life time plus 50 years
What are moral rights for a copyright?
Paternity(right to be associated w/work as its author), Integrity(right to object dealings or uses of the work if they are prejudicial of author’s reputation), and Association(has right to object association with product/service/etc.)
What are the exemptions for copyrights?
Fair dealing(a defence to copyright infringement that permits the copying of works for limited purposes, allows for purposes of study, research criticism, and review. It must be for a specific purpose and it must be fair. Computer software(allows own of program to make copy for adaptation for use on another computer and a copy for back up
What is Confidential Business Information?
Info that provides a business advantage as a result of the fact that it is kept secret
What are the requirements for protection? (CBI)
Economic value as a result of not being generally known, subject to efforts to keep it a secret, not generally known is the industry
What is the process and scope of protection? (CBI)
Can be protected forever so long as the info is not disclosed to the public, and can have express or implied obligations to keep info confidential
What are the limitations on protection? (CBI)
Loses protection of law when no longer secret because it’s been divulged
What is an Assignment?
Transfer of a right by an assignor to an assignee
What is a License?
Consent given by owner of rights to someone to do something the only the owner can do, which can be obtained to use other intellectual property
How are patents not used properly?
They may be considered abused if insufficient quantities are produced
How are trademarks used incorrectly?
If they’re not used continuously in association with goods
How are industrial designs used incorrectly?
If goods are not properly marked
What is the Anton Pillar order?
Pretrial order allowing the seizure of material including ones that infringes intellectual property rights
What is a Patent infringement?
No requirement to show infringer intended to infringe, may result in damages or profits turned over
What is Copyright infringement?
Whenever anyone does anything that only the owner has a right to do, copying, publishing etc.
What is Trademark infringement?
Action can be brought against trader who misrepresents source of goods/services to deceive public, remedies would be injections, damages, destruction of goods
What is Property?
A relationship between people with respect to things, the interest you hold in “things”, making a claim that you have rights that someone else doesn’t
What is Real Property?
Land and building and anything attached, its fixed and not moveable
What is Personal Property?
Everything thats not real property, can be tangible or intangible(shares, accounts receivable)
What are Fixtures?
Goods attached to real property, eg. ceiling and lights. NOT speakers: wasn’t there when built and won’t be there forever.
What are some rules fixtures follow?
- Degree of attachment (permanent/substantially attached)
2. Degree of damages it would cause to remove it
What are Property Rights?
Not absolute, always relative to the claim that’s in dispute, always in comparison to something else
What does Property Law involve answering?
Who has rights to the property and what rights do they have?
What is Fee Simple?
Legal interest in real property that is closest to full ownership
What is Life Estate?
Having rights to the possession only during their life time
What is Leashold Estate?
Renting the place
What is an Easements?
Right to access your property for specific stuff
What is Right of Way?
Right to access (shared driveway), has to allow neighbour to use the driveway
What are Licenses?
Contractual rights, right to earn money through the property (collecting apples)
What are Restrictive Covenants?
Promise not to do something in connection to land (you sell the house and say no one can build a fence over 10 ft) that lasts forever
What are mortgages?
To secure a loan you give the bank a mortgage, bank gives you a loan.
What is Joint Tenancy?
Right to survivorship: if 1 dies, interest automatically goes to the other owner. Equal Interest: can ever be 40/60 ownership
What is Tenancy in Common?
Usually for a business, no right to survivorship: If 1 dies they can pass it down to their family. Potential unequal interest: doesn’t have to be 50/50
What is the meaning of Finders Keepers?
A person who finds personal property has a right to claim is against anyone expect the true owner, as long as its open to the public
What is a Bailment?
When a bailee is in possession of goods that belong to the bailor. Bailee owes a duty of care to do what’s reasonable depending on the circumstances
What is standard care for a bailment?
Depends on the value and nature of the goods, who the bailment benefits and the terms of a contract
