INTELLECTUAL PROPERTY

Question 1

what is intellectual property?

Answer 1

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

Question 2

trademark examples

Answer 2

logo, design, word, symbols, pic

Question 3

tort of passing off

Answer 3

1. must have a reputation of value worth protecting
2. have to prove misrepresentation
3. have to show the public is confused
4. has to prove loss or damages

Question 4

what do you have to prove to CPO

Answer 4

that your trademark won’t be confused with another

Question 5

legal test (trademark)

Answer 5

CPO must test this through the eyes of a reasonable consumer

Question 6

objection (trademark)

Answer 6

if there is a new trademark, then it goes in the ‘trademark journal’ and if it is too close to already existing then file for an objection

Question 7

remedies for trademarks

Answer 7

1. injunction
2. damages
3. accounting for profits

Question 8

injunction

Answer 8

a court order that says someone must stop the activity

Question 9

damages

Answer 9

show the court what you lost

Question 10

accounting for profits

Answer 10

they would get what the other person gained from using their trademark

Question 11

what is a copy right

Answer 11

the sole right to produce, reproduce, perform, or publish any work

Question 12

how do you get copy right?

Answer 12

automatically, but you should still register through CPO

Question 13

copyright framework (breach)

Answer 13

1. is the work protected under copyright protection of Canada
2. has 50 years passed since the death of the author/creator
3. are they allowed to copy it? (permission)
4. you will not have a violation of copyright if the reproduction is known as fair dealing

Question 14

fair dealing (2 things)

Answer 14

1. purpose - research, education, criticism or review, parody
2. quantity - cannot copy a substantial % of the work unless done for the above purpose (+ less than 10%)

Question 15

remedies for copyright

Answer 15

1. injunction
2. damages
3. accounting for profits

Question 16

what are patents

Answer 16

a doc issued by the gov describing an invention, prevents others from making, using, or selling it for 20 years

Question 17

must convince CPO of 3 things

Answer 17

1. the invention is different
2. is it useful to society
3. invention took skill to make

Question 18

issues with patents are

Answer 18

• slow
• expensive
• public (anyone can view them)
• only get 20 years of protection (product might last longer)
• use it or lose it

Question 19

what are industrial designs

Answer 19

any original shape or pattern applied to a useful product

Question 20

International implications

Answer 20

must apply for a patent in each country, but if you are apart of a ‘Berne convention’ then you have protection globally