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B LAW402 (43)

Intellectual Property Outline.doc

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Business Law
B LAW402
Elaine Geddes

INTELLECTUAL PROPERTY OUTLINE 1. Major categories of intellectual property 2. Patents Application process Rights conferred on the patent holder Duties and obligations of the patent holder Patent infringement and the remedies available 3. Trademarks Service Marks Certification Marks Distinctive Guise Tradename 4. Trademark infringement and passing-off. 5. Copyright Common Law Statutory Protection Infringement of copyright Fair use non-infringement Moral rights. 6. Industrial Designs 7. Integrated Circuit Topography 8. Trade secrets and trade knowledge Contract Protection Restrictive Covenants Breach of Confidence TRADE MARKS ♦ ORDINARY MARKS – WORDS OR SYMBOLS THAT DISTINGUISH THE WARES OR SERVICES OF A SPECIFIC FIRM OR INDIVIDUAL ♦ CERTIFICATION MARK – IDENTIFIES WARES OR SERVICES WHICH MEET A DEFINED STANDARD ♦ DISTINGUISHING GUISE – IDENTIFIES UNIQUE SHAPE OF PRODUCT OR PACKAGE WHAT WILL NOT BE REGISTERED ♦ TRADE NAMES UNLESS THEY IDENTIFY WARES OR SERVICES ♦ INDIVIDUAL NAME UNLESS USED TO IDENTIFY WARES OR SERVICES ♦ ORDINARY DESCRIPTIVE WORDS ♦ DECEPTIVELY DESCRIPTIVE WORDS ♦ WORDS CONNOTING A PLACE OF ORIGIN ♦ ACTUAL NAME OF WARES OR SERVICES WHETHER IN ENGLISH, FRENCH OR ANOTHER LANGUAGE ♦ NAME TOO CLOSE TO EXISTING REGISTERED NAME PROHIBITED ♦ GOVERNMENT SYMBOLS ♦ COAT OF ARMS OF THE ROYAL FAMILY ♦ BADGES AND CRESTS OF ARMED FORCES, WORDS “RCMP” ♦ RED CROSS, RED CRESCENT, UNITED NATIONS ♦ ARMS, FLAGS, SYMBOLS OF OTHER COUNTRIES, PROVINCES, MUNICIPALITIES, PUBLIC INSTITUTIONS ♦ OBSCENE, SCANDALOUS, IMMORAL, RACIST ♦ PORTRAITS OR SIGNATURES OF LIVING PERSONS OR PERSONS DEAD LESS THAN 30 YEARS UNLESS WITH PERMISSION Remedies for infringement of Intellectual Property Rights • Injunction • Damages • Passing Off Action • Criminal Actions • Trademark Forgery and other offences (CC 406, 410 - 413) Passing Off (CC 408) COPYRIGHT • Literary Works – Books, Poems, Computer Programs • Dramatic Works – Plays, Films, Videos, Scripts • Musical Works – Compositions of music or music and wor
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