Intellectual Property Flashcards
(13 cards)
What is intellectual property?
It is a subcategory of intangible personal property referring to ideas, information, and creative works
Copyright
The monopoly to copy or reproduce a created work
Work protected by copyrights
-literary works
-dramatic works
-musical works
-artistic works
-performances
-sound recordings
-communication signals
Copyright creation
-existence of copyright is automatic in canada
-registration is worthwhile because it establishes when copyright was created and who the owner is
Ownership of copyright
The creator/employer owns the work unless there is an agreement otherwise
Copyright remedies
-anton piller order: court order to seize material from manufacturer
-permanent injunction: prohibiting the production, sale, or distribution of the product
Patents
Exclusive right to produce, market, and profit from a specific invention
Patent qualifications
-new and no one else has a patent
-original work of inventor
-unique and distinguishable
-useful
-possible to build on basis of instructions filed with patent office
What can not be patented
-scientific principles or abstract theories
-products designed for illegal purposes
-computer programs (canada)
Trademarks
Protects terms, symbols, designs, sounds or colours that identify a product or company
Trademark registration
-must renew every 10 years
-can be renewed indefinitely
-can not be obscene, scandalous, or confusing with a known mark
Confidential information
Given in circumstances clear that the information is intended to remain confidential and not be disclosed
Trade secrets
Particular kind of confidential information that gives a businessperson a competitive advantage
