Intellectual Property

Question 1

What is intellectual property?

Answer 1

Property - Enforceable rights against the world

Intellectual - Creations of the mind

Question 2

What are 5 Canadian IP legislations?

Answer 2

1. Patent Act (ex. Novel system/manufacture methods)
2. Trade-marks Act (ex. Name/logo)
3. Copyright Act (ex. Embedded software)
4. Industrial Design Act (ex. Trade secrets, processes, customer list)
5. Integrated Circuit Topography Act (ex. Circuit board)

Question 3

What are trade secrets?

Answer 3

Any information used in trade or business but not generally known, has economic value by keeping secret

Question 4

What are 3 requirements to demonstrate secured protection of trade secrets?

Answer 4

1. Information has a necessary quality of confidence about it
2. Information was disclosed in circumstances importing an obligation of confidence
3. There had been an unauthorized use of information

Question 5

What is copyright? What 4 types of works are included?

Answer 5

The sole right to produce/reproduce a work in any form

1. Literary works
2. Dramatic works
3. Musical works
4. Artistic works

Question 6

What are the 2 types of copyright infringement?

Answer 6

1. Direct infringement, occurs when someone exercises exclusive rights granted to owner without seeking permission
2. Indirect infringement, benefiting from sale, distribution, or exhibition of a work infringing copyright despite not directly responsible

Question 7

What are trade-marks?

Answer 7

Distinguishes the wares/goods or services of one person/organization from those of others in the marketplace

Question 8

What are the 3 types of trade-marks?

Answer 8

1. Ordinary mark, words/sounds/designs used to distinguish goods or services of a person/organization
2. Certification mark, an issued license to people/companies to show certain goods/services meet a defined standard
3. Distinguishing guise, shape of goods/containers or method of wrapping/packaging goods to demonstrate production by specific individual/firm

Question 9

What are industrial designs?

Answer 9

The visual features of shape, configuration, pattern, ornament, or combination applied to a manufactured article (ex. Integrated circuit topographies)

Question 10

What is a patent?

Answer 10

Government-sanctioned monopoly on an invention

Question 11

What are the 2 factors of patent licenses?

Answer 11

1. Exclusive vs non-exclusive

2. Perpetual vs limited vs renewable

Question 12

What does a patent application consist of?

Answer 12

1. Abstract, a brief summary of the specification contents
2. Specification, clear description of invention and usefulness, and boundaries of patent protection
3. Drawings