Chapter 13 - Intellectual Property Flashcards
What are the four types of intellectual property protection?
- Patents
- Trademarks
- Copyright
- Industrial Design
How long are these types of intellectual property protected?
- Patents - 20 years
- Trademarks - 10 years
- Copyright - 70 years
- Industrial Design- 10 years
What is a patent?
Patents are an exclusive right to an invention, that is granted by the government. This is only granted in the country where a patent is filed and granted.
What is patentable?
the subject matter must fall within
the definition of “invention”
- Product
- Composition of matter
- Apparatus/Machines
- Process/Method
Or improvements to any of the above
Inventions must constitute patentable subject matter that is
New (Novel): invention has is not disclosed by anyone anywhere in the world before the filing date
Inventive (Non-obvious): prior disclosures would not lead a person of ordinary skill in the art (POSITA) directly and without difficulty to the invention
Useful: invention must work in the way it is described to work
What is not patentable?
- Methods of medical treatment
- “Higher” Life forms
- Games
What is a trademark?
a ‘sign’ or ‘combination of signs’
used or proposed to be used to
distinguish goods or services from
those of others
What constitutes a trademark?
word, slogan, logo
- Sounds
- Holograms
- Moving image
- Scent
- Taste
- Colour
- 3D shapes
- Mode of packaging goods
- Texture
- Positioning of a sign
- Certification marks
What is not a trademark?
- Trade name
- Domain name
- a real surname
- Deceptive wording
- Changing language
- Confusingly similar with another trademark
What is protected under copyright?
- Literary works
- Dramatic works
- Musical works
- Artistic works
Snow v. Eaton Case
Case with the mall where Snow made art work for Eaton mall. Eaton mall decorated the art installation for christmas, which Snow sued them for under moral rights.
Copyright can be assigned, but moral rights are retained after assignment:
* rights of attribution
* rights of integrity
Copyright infringement
- benefiting from sale reproduction, distribution, or other commercial use of the work
- plagiarism
- Someone else asserting authorship
- …Artificial Intelligence?
Exceptions to copyright?
Fair dealing exception expands rights to use copyrighted work under certain conditions:
* education, parody, and satire
* research, private study, news reporting, criticism, and review
Industrial design
Registration of a unique shape, pattern under the Industrial Design Act
