Unit 4 - Chapter 18 Flashcards
_____ property is one of the most, if not the most, valuable assests of any business
intellectual
A ___ is a monopoly to make, use or sell and invention
patent
In Canada Attorney General vs. Amazon.com Inc, this decision affirms that there is no legal rationale for excluding business methods from _____ protection
patent
Patent application is usually prepared by a ___ ___, a professional trained in patent law and practice…
patent agent
____ are the exclusive rights of the patent holder
claims
____ is a word, symbol, design, or any combination of these used to distinguish the source of goods or services
Trademark
–> indicates the source of the goods or services and gives the owner exclusive rights to use the trademark
A _____ ___ is the name under which a business is carried on.
trade name
-> protected under trademark law and allow customers to distinguish goods based on their source
Unregistered trademarks are often referred to as ____ ___ trademarks
common law
____ is the bad faith practice of registering trademarks or trade names of others as domain names for the purpose of selling the domain name to the rightful owner or preventing the rightful owner from obtaining the domain name
cyber-squatting
the ___ person who uses or makes the trademark known in Canada is entitled to trademark registration
first
Registration for trademark: provides protection across Canada for ___ year
15
–> can be renewed for further 15-year terms as long as the renewal fee is paid and the trademark continues in use
(R)
registered trademark
TM
unregistered trademark
___ is the right to prevent others from copying or modifying certain works
copyright
____ applies to literary works, dramatic works, musical works, artistic works
copyright
_____ means work must be presented in some fixed form, such as paper or diskette
fixation
Copyright protection is generally for the life of the author or composer plus __ years
50
right to reproduce the work or a substantial part of it in any material form
reproduction
right to perform the work or a substantial part of it
public performance
right, if the work is unpublished, to publish the work
publication
right to produce, reproduce, perform, or publish any translation of the work
translation
right to convert to other formats
adaptation
right to make sound recordings or cinematographic recordings
mechanical reproduction
right to reproduce, adapt, and publicly present the work by filming or videotaping
cinematographic presentation
right to communicate the work to the public by telecommunication
communication
right to present in public, for purposes other than sale or hire
exhibition
____ is infringed when anyone does, without consent of the owner, anything only the owner can do
copyright
Enforcement of rights is problematic, particularly the collection of fees and royalties for the use of copyrighted works. These problems are addressed by provisions of the ___ Act
Copyright
The author or a work has what is known as ____ rights; the author’s rights to have work properly attributed and not prejudicially modified or associated with products
moral
____ ____ permits the copying of works for the purpose of private study, research, criticism, or review
fair dealing
____ business information provides a business advantage as a result of the fact that it is kept a secret
confidential
–> generally info that is used in a business or commercial context and is private or secret
____ is the voluntary transfer or ownership rights in intellectual property
assignment
____ is consent given by the owner using the intellectual property for a specific purpose that can normally be done only by the owner
Licence
–> with a licence, no ownership rights are conferred upon the licensee
