LGLS 3530U Lecture Notes - Lecture 1: International Finance Corporation, World Trade Organization, Tim Hortons
WEEK OF SEPT. 11-18 (1 & 2)
(INTELLECTUAL PROPERTY)
IP RIGHTS JUSTIFICATION APPROACHES CANANDA CONSITUTION HR OF IP RIGHTS
1. Non-exclusive 1. Utilitarian 1. IP as incentive 1. Act 1867 (C) 1. Art. 27 UDHR
2. Territiorial
(JURISDICTION) 2. Locke (labour/ 2. IP as asset > s,.91(22), 91 (23) 2. Art. 15(1) CESCR
> Procedural fruits of labour)3. IP as policy tool > Patents/Copyrights/
> Substantial Trademarks (trade &
3. IP Rights can be canadian? powers)
transboundary (Int.IP
Treaties)
____________________________________________________________________________
IP RIGHTS:
> Everyone has the right to the protection of moral and material resulting from any scientific,
literary or artistic
protection of which he is the author.
SIDE NOTE:
World International Property Oeganization (WIPO)
World Trade Organization (WTO)
World Bank (WB)
International Finance Corporation (IFC)
*Procedural ex: a country filing a pact
*Jurisdiction on IP Rights: Federal gov't.
*Patent: inventions/creations, def in book.
--> An exclusive right granted to an invention which is product of process that provides in
general a new way of doing something or offers a technicial solution of property.
--> The right to exclude all others of producing and replicating your invention.
Section 28(2) & 28(3) (Patent Act)
find more resources at oneclass.com
find more resources at oneclass.com
*Copyright: (author's rights) is a legal term used to describe the rights and creators have the
rights over their artistic works, this ranges over art, paintings, computer programs, etc.
Section 3 (1a-j) (Copyright Act)
*Trademark (logo): it creates certain value, by using images. It is a SIGN that helps distinguish
the goods of services of an enterprise in comparison to other enterprises. It creates additional
value for your company.
Ex: Tim Hortons vs. Starbucks.
Section 2 (Trademark Act)
2 THEORIES:
*Utilitarian:an attempt of state to create an incentive to reward the author for creative works.
*Locke: "fruits of labour"
3 Main factors of Historical development of IP
(a) Shifting conceptions of ownership and authorship of invention.
> 18th century there was no software, so there was no protection over it.
> In the present, there is
(b) Changes in the organization of innovation and production and innovation…
(c) --
Territorial period: it is characterized as the absence of LEGAL PROTECTION.
> There is no sub-division on IP rights.
> During this period, there was no PATENT, TRADEMARK, COPYRIGHT.
> Knowledge was the only thing protected.
> IP rights were only ensured by the STATE, such as in the courts.
> Earl Terriotialism :(Ancient Times) At this period, they understood that knowledge should be
protection such as information and works. It was characteristic as the ANTI-PRIVACY provision.
> Period of Information: Characterized by the means of private PROTECTION. The emergence
of protection of “TRADEMARKS”. They called it “marks of the guild” at the time. They were
prominent in this period because a lot of people were producing creative works. This was as
early as 1282. If they misused the marks, it was penalized. There was a lack of mechanism of
enforcement (the courts were not performing as well). There were statutes of monopoly in
place. It was an englush crown, it was produced in 1624, the man had the power to grant the
powers of monopoly. It limited the scope of accessibility. It is the xceptions and rules of granted
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week of sept. 11-18 (1 & 2) (intellectual property) Ip rights justification approaches cananda consitution hr of ip rights: non-exclusive 1. Ip as asset > s,. 91(22), 91 (23) 2. > substantial trademarks (trade : ip rights can be canadian? powers) transboundary (int. ip. > everyone has the right to the protection of moral and material resulting from any scientific, literary or artistic protection of which he is the author. -> an exclusive right granted to an invention which is product of process that provides in general a new way of doing something or offers a technicial solution of property. -> the right to exclude all others of producing and replicating your invention. *copyright: (author"s rights) is a legal term used to describe the rights and creators have the rights over their artistic works, this ranges over art, paintings, computer programs, etc. *trademark (logo): it creates certain value, by using images.
