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BUS 393 (75)

CHAPTER 9 ideas and information.docx

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Business Administration
BUS 393
Robert Adamson

Chapter 9: ideas & information Intellectual property - Intangible personal property - Often undervalued and failed to protect COPYRIGHTS - Copy right act protects literary works, dramatic musical artistic work, performances, sound recording, communication signals - Expression of idea protected (not idea itself) o Extended 50 years after death of creator - Royalties: percentage payment, based on net proceeds the publisher receives from each item sold o Copyright assigned to publishing company - Moral rights: author have the right to continue to have their name associated with work as creator and to have integrity of the work preserved o Work can’t be modified destroyed defaced - Copyright protection automatic in Canada, but registering = additional benefits - Qualifying for copyright protection? o 1. Work must be original  Must originate with the author o 2. Fixed in some permanent form - Photocopying – limited copying is permitted o Fee paid to ACCESS COPYRIGHT legitimizes reasonable amount of photocopying - Bill c-11 to amend copyright act o Allows users to copy for non-commercial purposes, allowing them to back up, formal shift, time shift, and create mash ups to create something unique o Notice-and-notice system  Copyright holders notify ISP that one of the ISP customers is violating their copyright PATENTS - Form of monopoly that gives an inventor the exclusive right to produce and profit from their invention for a period of 20 years - It is the idea protected not expression of the idea - INVENTION: any new and useful art, process, machine, manufacture, composition of matter or any new and useful improvement in any art, process, etc. o Useful? It must be able to do what it claims and contribute to improve society - “evergreening” – developing small change in already successful drug so that it can be treated as a new drug with another 20 year span of patent protection - Patents must be APPLIED FOR and fee paid - Patent infringement cases = both fed and provincial courts - > INDUSTRIAL DESIGN ACT o Protest distinctive designs, shapes, patterns with an article that has no useful function (just appeal)  Industrial design  Shape of utensils - >INTEGRATED CIRCUIT TOPOGRAPHY ACT o Protect unique design of the integrated circuits that are the heart of modern comp revolution o Design must be registered within 2 years of first commercial use, protection for 10 years - ++++ == exclusive rights to invention, can use for own purpose, can sell @ any price, responsible for advancements in meds, sci, tech - ----- == lengthy process, cost over financial gain? TRADEMARKS - Names, symbols, logos and other distinctive marks associated with a business - Protection gives owner exclusive right to use it throughout Canada with respect to the particular type of business/services/product - Last for 15 years and is renewable but must be used during that time - Infringement – use of similar mark devaluing goodwill/rep - Certification marks: Include specialized marks associated with quality standards o E.g. Canadian standards associate (CSA) on electrical plugs - Officia
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