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BLAW test 3 > Week 11 > Flashcards

Week 11 Flashcards

1
Q

Real Property

A

Land and everything permanently attached to it

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2
Q

Aboriginal Title

A

Unique form of title in certain lands in Canada belonging to Indigenous peoples

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3
Q

Personal Property

A

All property, other than land and what is attached to land

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4
Q

Chattles

A

Personal property that is movable, the value of which comes from its physical form

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5
Q

Choses in Action

A

Personal property, the value of which comes from legal rights.

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6
Q

Right to Exclude

A

*Excluding others from entering an owner’s land, or interfering with an owner’s use of the land
*Right to prohibit others from copying or modifying a copyright work (such as a book)

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7
Q

Rights to possess and use

A

Land ownership can be separated, where one party has ownership, and another party has possession rights.
(lease)

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8
Q

Right to transfer or dispose and exceptions

A

Dispose or transfer property to someone else.
Exceptions: land ownership for the duration of one’s life only
Personal property that was borrowed

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9
Q

What is intellectual property?

A

Intellectual property (IP) is a legal term that refers to creations of the mind (rather than things people built) .
There are other specialized types of IP such as plant varieties, circuit topographies, and personality rights.

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10
Q

Patents

A

A monopoly to make, use, or sell an invention.
They exclude others from using new technology.
They can include processes such as pay-per-use billing systems and compositions such as compounds.

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11
Q

What do patents protect

A

They protect Inventions and are essential to businesses in the pharmaceutical, electronics, chemical and manufacturing industries.

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12
Q

What can’t be patented?

A

Things that receive protection under other areas of law (software programs and they are protected under copyright)
Things that do not meet the definition of a patent (scientific principals)
Things that are, for policy reasons not patentable (surgical treatment)

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13
Q

Requirements for patent ability

A

New (doesn’t have to be absolutely new if it had not been disclosed publicly)
Useful (must solve some practical problem and work)
Unobvious (must be some ingenuity or inventive step involved in the invention)

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14
Q

Industrial designs

A

Visual features of shape, configuration, pattern, ornamentation, or any combination of these, applied to a finished article.

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15
Q

Industrial design protection for

A

Protection for the appearance of mass produced (more than 50) useful articles or objects
Requires registration

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16
Q

Industrial design requirements for registration

A

Normally a written description and a graphic depiction, photogrammetry it’s drawing is required.
The owner is entitled to make the application
The basic principle is that the designer is the owner unless the design was ordered and paid for by another

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17
Q

Industrial design protection

A

Registration lasts for 10 years.
The owner gets exclusive right to make, import or sell any article in respect to which the design was registered
Proper marking D with circle around it next to name of proprietor
It is not mandatory to make the design as registered.

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18
Q

Trademark

A

A word, symbol, design or any combination of these used to distinguish the source of goods or services.

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19
Q

Trademark examples

A

A word, words or slogan (Just do it)
A design (McDonald’s Golden Arches)
A series of letters (BMW)
Numbers (lotto 649)
A symbol (Nike swoosh)
A distinguishable guise (Coca-Cola bottle)
Any combination of above

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20
Q

Unregistered trademark

A
  • often referred to as a common law trademark
  • it comes into existence when a business simply adopts and uses it
  • infringement can be addressed through the tort of passing off
  • it only has rights in the geographic area in which it has been used
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21
Q

registered trademark

A

Has more protection than unregistered
- protection is national
- it creates a presumption of ownership, validity

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22
Q

Copyright

A

The right to prevent others from copying or modifying certain works
- governed by the copyright act
- doesn’t protect against underlying ideas
-applies to every original artistic work.

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23
Q

Copyright: Originality

A

The work must originate from the author, not copied from another

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24
Q

Copyright: Fixation

A

The work must be expressed in some forced form, such as paper or diskette

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25
Q

Copyright Registration

A

Copyright arises automatically
- an optional registration process
- you can mark your work but isn’t mandatory
- generally lasts life of author +50 years

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26
Q

Exception to copyright

A

When an employee creates the work as part of their job

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27
Q

Rights under copyright law

A
  1. Reproduction
  2. Public performance
  3. Publication
  4. Translation
  5. Adaption
  6. Mechanical reproduction
  7. Rental
  8. Moral rights
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28
Q

Copyright: reproduction

A

The right to reproduce the work or a substantial part of it in any material form

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29
Q

Copyright: public performance

A

The right to perform the work or a substantial part of it.

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30
Q

Copyright: adaptation

A

The right to convert works into other formats (book to a movie)

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31
Q

Copyright: mechanical reproduction

A

The right to make sound recordings or cinematographic recordings

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32
Q

Copyright: rental

A

The right to rent out sound recordings and computer program’s

33
Q

Copyright: Moral rights

A

The authors rights to have work properly attributed and no prejudicially modified or associated with products.

34
Q

Moral rights include:

A

Paternity right, integrity right, and association

35
Q

Copyright Exceptions

A

For libraries, museums, archives, people with disabilities and educational institutions.

36
Q

Fair Dealing

A

A defence to copyright infringement that permits the copying of works for particular purposes
2 step test for analysis of fair dealing

37
Q

Confidential business information

A

information that provides a business advantage as a result of the fact that it is kept secret

38
Q

Examples of confidential business information

A

Strategic business information
Products
Compilations
Technological secrets

39
Q

Assignment

A

The transfer of rights by an assignor to an assignee

40
Q

License

A

Consent given by the owner of rights to someone to do something that only the owner can do.

41
Q

Bailment

A

Temporary transfer of possession of property from one person to another (lending friend a car)

42
Q

Bailor

A

The owner of property who transfers possession in a bailment

43
Q

Bailee

A

The person who receives possession in a bailment

44
Q

Common law liability of bailees

A

Bailment for value
Gratuitous Bailment

45
Q

Bailment for value

A

Bailment involving payment for use of property or service.
(Most commercial Bailment date based on this)

46
Q

Gratuitous Bailment

A

Bailment that involves no payment- only benefits one of the parties (bailor or bailee) but not both

47
Q

If Bailment benefits both parties?

A

Then the bailer must treat the item as a reasonable and careful person would

48
Q

Common law liabilities of bailees for gratuitous benefit of bailor

A

If Bailment is gratuitous and for the benefit of the bailor, the standard of care is low. The bailer must avoid deliberately or recklessly damaging the item.
(Storing car in bailees driveway)

49
Q

Common law liabilities of bailees if gratuitous and for benefit of bailee

A

If Bailment is gratuitous and for the benefit of the bailer the standard is high. The bailer must treat the item as if it were their own and is responsible for even the slightest carelessness.

50
Q

Real property

A

Land or real estate, including mineral rights and leases.
Buildings, fixtures, and associated legal rights.
Real property has constitutional, statutory and common law features

51
Q

Fee simple

A

The legal interest in real property that is closest to full ownership.

52
Q

Coowners rights

A

Coowners have equal rights to the use and enjoyment of the property

53
Q

Tenancy in common

A

Coownership whereby each owner of an undivided interest can dispose of that interest as they see fit.

54
Q

Joint Tenancy

A

Co-ownership whereby the survivor inherits the undivided interest of the deceased.

55
Q

Leasing a space creates

A

A landlord tenant relationship

56
Q

Tenant

A

The party in possession of land that is leased

57
Q

Landlord

A

The owner of land who grants possession to the tenant

58
Q

A lease

A

A least is a contract, records rights for both parties, and is an interest in land. It can be commercial or residential.

59
Q

How are residential leases regulated

A

They are regulated by provincial legislation

60
Q

Are commercial leases regulated?

A

They are regularly unregulated. They are negotiated by the landlord and the tenant.

61
Q

Exclusive possession

A

-This is the key feature of a lease.

-It refers to the tenant’s right to control the land during the term of the lease.

-The lease continues even if the owner sells the land.

62
Q

Landlords basic obligations

A

Are to refrain from interfering with the tenants use or enjoyment of the property and the provide any benefits or services promised in the lease.

63
Q

Easements

A

The owner of the land gives someone the right to use a part of the land for a specific purpose.
- the owner of the land cannot block the easement and the person who benefits from the easement must care for it.

64
Q

Property rights: ownership/ fee simple

A
  • right to use (exclusive to you and indefinite)
  • possess
  • alienate and bequeath
65
Q

How do you acquire ownership?

A

Purchase or sale

66
Q

Parties involved in ownership

A

Buyer and seller

67
Q

Ownership process of registration

A

To register a transaction, official record with everything in writing
This is important because it is a notice to the public if a change of ownership, so no one can claim it and you can search the documentation to find people of interest

68
Q

Forms of Ownership

A
  1. Single
  2. Several (joint tenancy, tenancy in common)
69
Q

Joint tenancy

A

If one of the owners dies, his shares go to the other owner. Only way to avoid it is in your life time, sell it to yourself to break the title.

70
Q

Tenancy in Common

A

Two parties or more own a property and their shares does to whoever they will it to.

71
Q

Registry

A
  • birth adoption and all other document are with land in this system
  • paper based
  • fraud is very possible if the buyer didn’t check for a good chain of title the turfed is on the buyer.
  • older form of registration that’s almost phased out but still used in PEI
72
Q

Land title

A

A newer form of registration
- guarantees good title
- digital
- database called “providence of Ontario land registration system” and a software called terraview
- PIN numbers are recorded for a property and you can look up anything to do with that property
- all consent of people with property need to be there for title (2 owners need consent of both sides)

73
Q

Life interest

A

If you had a new wife but wanted to leave things behind for your precious kids
- exclusive and indefinite processes without the right to alienate
- use and processes but goes back to nothing when she dies
- you keep some residual rights and they refer back to whoever they designate it to.

74
Q

Lease

A

Exclusive but not definite
You can not pass it on, alienate or bequeath it.

75
Q

Alienate

A

Means transfer

76
Q

Bequeath

A

Pass on to heirs

77
Q

Ownership

A

exclusive and indefinite legal right to use, possess, alienate or bequeath

78
Q

What is easement

A

Easement grants others the right to use land for a particular purpose (such as installing a water line).

BLAW test 3 (5 decks)

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