Management and Organizational Studies 2275A/B Lecture Notes - Lecture 1: Easement, Air Canada, Land Registration
14 Jun 2018
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PROPERTY: a relationship between people with respect to things. E.g. when I have property, I have it
against everyone.
• In tort law, there is a very narrow relationship but in asserting property rights, I am asserting
them against everybody, so the scale of relationship is larger
• Many of our Rights to protect our property exists in common law
Legal characteristics of this property law relationship: Owning something does’t ea ou hae all
the rights about it, I own my house, do I have rights in my house: YES, the right to live, have party, invite
people, etc. do other people have rights with respect to my house YES like a bank (mortgage) can force
me to take insurance etc., rights of neighbours, rights of city (prevent me from running from restaurants
etc.), Canada post has right to come with mail, air Canada (can fly across), federal govt has rights (can
dig to find something etc. ) need to determine who have what rights, so that we know what we can do
actually.
PROPERTY RIGHTS are not absolute
Bundle of rights theory: set of legal rights associated with property, which usually includes the right to
exclude, the right to possess and use, and the right to transfer to others or dispose of property.
e.g.: giant bundle of all possible rights with respect to my house, we parcel them out from this bundle to
ertai parties, these rights a oe etee parties, espeiall he ou a’t see or touh our
property.
1. right to exclude: can exclude people or allow an:
✓ Easement: the right to use the land of another for a purpose only. E.g. maintain or install or
repair a pipe
2. right to possess and use:
✓ Lease: a contract that transfers possession of land or personal property in exchange for a fee
✓ License: consent given by the owner of rights to someone to do something that only the owner
can do
3. right to transfer or dispose:
• Trust: a legal arrangement that includes one party holding legal title to property for the
benefit for someone else e.g. pension funds are managed by trustees who manage these for
their members
TYPES OF PROPERTY:
• REAL PROPERTY: land and buildings and anything attached to them.
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➢ It is fixed and not moveable.
• PERSONAL PROPERTY: everything that is not real property. All property that is not land and
what is attached to it.
➢ either tangible or intangible.
➢ Tangible items: concrete, material property, goods or chattels (interchangeable words)
➢ Intangible items: derives value from legal rights like shares, intellectual property,
copyrights, insurance, trademarks, accounts receivables
• INTELLECTUAL PROPERTY:
➢ protects creations of the mind but not ideas.
➢ Protects the expression or the application of ideas not them actually.
➢ E.g. A idea of oie is’t proteted ut a sreenplay or script is. Same is in an idea vs
actually developing a machine
➢ All intellectual property laws are federal. When you get rights, you get them federally.
➢ Trademark is only valid in the country you got it from
Real property is very old, personal is modern, but intellectual is just like yesterday, much more modern,
fairly recent,
Anton Pillar Order: a pretrial order allowing seizure of material, including material that infringes
intellectual property rights.
TRADEMARKS: words, logos or symbols that distinguish goods or services. may be registered or
unregistered.
➢ In US, famous mark exists: a trademark is so well known, its off the reach. Like Nike a’t e
used for let’s sa real estate. A use is ifrigig. This does’t appl i Caada. Supreme court
of Canada rejected one of such cases including the use of word Barbie. We are more socialistic
in Canada vs capitalist in US.
➢ Colours are protected, sound too. It’s a trademark not a copywrite.
➢ Just using a trademark can make it your trademark as we have right in it. But the rights are
limited in geographical area. Its more local. Can’t stop selling that product in another province
as its unregistered. Need registered for that.
Distinguishing guise: shaping of wares, their container or packaging. Can be a trademark
Trade names: can be trademarks
Registered Trademarks provide:
• Rights of use across Canada
• Protection against a challenge based on prior use after 5 years
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• 15 years of protection (renewable)
Which is the longest potential life span for a property?
• Trademarks last long and can be renewed indefinitely.
• Copyrights and patents expire and a’t e eeed
Trademark infringement is either
• Passing Off: a tort based on misrepresentation. Passing off requires:
➢ Goodwill or reputation in the mark
➢ Misrepresentation of the public
➢ Damages
e.g. Fake Rolex or louis Viton. Yes, its passing off. Goodwill suffers, misrepresentation and
damages exist
Is there a likelihood of confusion?
• Trademark Dilution: involves using a mark in a non-confusing manner that tarnishes another
mark or diminishes its value.
If its tort, entitled to damages, Then equitable remedies
Remedies for trademark infringement:
• Damages: Apple sued Sasug for soe ifrigeet, got daages ut did’t sere purpose
as they wanted an injunction to put Samsung out of business.
• Injunctions: No business operations in Mexico by Rolex, you decide to sell it in Mexico, sell
100,000 fake ones for 5 million, Rolex damages? There damages are actually nothing as they
weren't going to do business there, but they would want an injunction, an order that court says
to you to not sell it there, also you illegally profited, so are going to ask for a profitable portion,
also the are goig to at those athes that’s delierig up.
• Accounting of Profits
• Delivering Up
“uatte’s ights: oeship ights i elatio to lad acquired by occupying land owned by someone
else, suh as iadertetl isplaig a fee or uildig o soeoe’s lad. Acquired if adverse
possession continues for lengthy time like 10 years usually.
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Document Summary
Property: a relationship between people with respect to things. E. g. when i have property, i have it against everyone. Easement: the right to use the land of another for a purpose only. E. g. maintain or install or repair a pipe: right to possess and use: Lease: a contract that transfers possession of land or personal property in exchange for a fee. Types of property: real property: land and buildings and anything attached to them. It is fixed and not moveable: personal property: everything that is not real property. All property that is not land and what is attached to it. Tangible items: concrete, material property, goods or chattels (interchangeable words) Intangible items: derives value from legal rights like shares, intellectual property, copyrights, insurance, trademarks, accounts receivables. Protects creations of the mind but not ideas. Protects the expression or the application of ideas not them actually. A(cid:374) idea of (cid:373)o(cid:448)ie is(cid:374)"t prote(cid:272)ted (cid:271)ut a s(cid:272)reenplay or script is.
