Intellectual Property

Question 1

What is intellectual property?

Answer 1

different areas of law that have the common characteristics of protection of ideas

Question 2

Trademarks

Answer 2

a word, symbol, picture, logo or design, or a combination of these elements, used to distinguish the goods or services on person or organization from thoe of another in the marketplace

*trademarks have an automatic protection

Question 3

Tort of Passing Off

In order to use this as protection…

Answer 3

1. Have to be able to prove/have evidence that your trademark has a reputation of value worth protecting
2. Have to be able to prove that the defendant has misrepresented it’s good and services as those of the plaintiffs
3. Have to be able to show that there is an actual confusion in the public’s mind between the goods and services in the plaintiffs and those of the dendant
4. Have to be able to prove that there has been a loss or that there are damages

Question 4

Registered Trademarks

Answer 4

when you apply for a trademark you must prove to SEPO that…
a)** LEGAL TEST: **SEPO will test this through the eyes of a reasonable consumer
b) OBJECTION: if the agen sees a new trademark, it has to be posted in what is known as the “trademark journal” and if it is too close to an existing trademark, then they can file for an objection

Question 5

Trademarks

Remedies

Answer 5

1. Injuction
2. Damges
3. Accounting for profits

Question 6

Copyrights

Answer 6

the sole right to produce, reproduce, perform or public any literary, drmatic, musical or artisic work (includes compuer software)

• you can get copright automaticallly by producing/writing something

Question 7

Copyright Framework

*How to tell if copyright has been breached…

Answer 7

1. Is the work protected under the Copyright Protection of Canada?
2. Has 50 years passed since the death of the author/creator?
3. Is the copying authorized?
4. You will not have a violation of copyright if hte reproduction is known as FAIR DEALING

Question 8

Copyright

Remedies

Answer 8

1. Injunction
2. Damages
3. Accounting for Profits

Question 9

Patents

Answer 9

a patent is a documented issued by hte governnment of Canada, describing an invention and preventing others from making, using or selling that invention of a period of 20 years

Question 10

Patents

Must convince SEPO of three things:

Answer 10

1. The invention is novel/different compared to things already in the marketplace
2. The product has utitlity or usefulness to society

Question 11

Issues with Patents

Answer 11

• very slow process
• expensive
• Patents are public documents (anyone can see them)
• You only get 20 years of protection
• Abuse of patents – “USE IT OR LOSE IT RULE”

Question 12

Industrial Designs

Answer 12

any original shape, pattern ornamentation applied to a useful article or manufacture

Question 13

International Implications

Answer 13

if you want to get your trademark protected, you must apply for a patent in each country

e.g. The Patent Cooperation Treaty