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Chapter 20 Intellectual Property.docx

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Chapter 20 Intellectual Property Four Types 1) Trademarks Identifiable mark used by a person for the purpose of distinguishing their goods or services from those of others can also be a distinguishing mark – (business names) i.e. coca cola bottle.  Protection of Trademarks: o Passing-Off (Common Law Tort) – is the misrepresentation of goods or services in such a way as to deceive the public into believing that they are the goods or services of some other persons, thus causing damage to that other person  Requirement for Passing Off  Plaintiffs goods or services enjoy a reputation  Defendant misrepresented goods, services or business as that of the plaintiff  Actual or likely confusion by the public  Plaintiff suffered damages o Good Will – the benefits and advantage of the good name, reputation and connection of a business, the benefit and reputation of a good name  Trademark under the Trademark Act o Rights obtained as a result of registration  Registered trademarks give exclusive right to its use throughout Canada in respect to the goods and services for which it was registered  No unauthorized person may then sell, distribute or advertise any goods or services in association with a confusing trademark  A trademark is valid for 15 years and may be renewed  Requirement for Registration o The Mark  The trademark must NOT be  A name or surname of an individual who is living or died within the past 30 years  Clearly descriptive or misdescriptive  The name of a service in connection with which it is used  Likely to be confused with another trademark  A mark that is prohibited by sections 9 of the trademark act 2) Patents  Patentable inventions o Must be:  Art, process, machine, manufacture or composition of matter  New/unique  Useful  Obtaining a Patent o Patent agent- a registered agent who pursues applications for patens on behalf of individu
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