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
More
Less
