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ADMS 2610 (409)


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York University
Administrative Studies
ADMS 2610
Robert Levine

ADMS2610 Session 11 Chapter 27 (pg. 517-520, 524-536) Patent - exclusive right granted to the inventor of something new and different to produce the invention for a period of 20 years in return for the disclosure of the invention to the public o industrial property – encourage new inventions - Historical Development o Early forms from English guilds o Blend of procedural aspects of USA patent law but retained the common law interpretations and expression of patent rights - Patent Act o Patents apply to inventions which are:  (1) New – not invented before  (2) Useful – not a mere idea, actually works  can be reproduced by someone “skilled in the art”  (3) Unobvious  not next logical step o Four Classes  (1) A machine (multiple interactive parts)  (2) A process (method of manufacture or achieving result)  (3) An article of manufacture (useful device)  (4) Composition of material (a formulation) Trademark - a mark to distinguish the goods or services of one person from the goods and services of others o protect marks and prevent unauthorized use - Characteristics o Includes trademarks and trade names o Protection of goodwill and preventing passing off - Historical Development o Long history dating back to Babylon o Various amendments in Canada over the years  Now includes certification marks and importation of trademarked goods - Trademark Act o Federal – governs use of trademarks and trade names in Canada  Provides types of marks and procedure for registration o Trademarks – marks can be registered which are:  Not descriptive  In use by another prior user  Not confusing with existing marks  Not contrary to public interest o Types of Trademarks  Trademark  Brand names, slogans, initials o Includes logos, or words with logos (design marks)  Service Marks  Used by services  Certification Marks (“quality marks”)  Distinguish quality or origin  Distinguishing guises  Product shapes or distinct packaging  Trade Name  Name used to describe business - Registration Requirement o Distinctive  Not confusing with marks already in existence o Used in public - Prohibitive Marks o Royalty or government related o Famous or well-known living persons (or person died within last 30 years) o Offensive symbols - Enforcement o Remedies  Civil  Damages  Injunction  Accounting for lost profits  Criminal  For forgery  Passing off o Loss of Mark  Mark not used  Generic  Name so successful becomes generic such as zipper, linoleum o Foreign Trade marks  Same as patents under international conventions - Franchises o A business relationship that licenses the use of trade names, trademarks, and operating procedures to operate a similar business o Governed by contract and in some provinces by statute o Franchisor grants franchisee license to use the trade name and trademarks of the franchisor’s products and services o Agreement usually contains upfront payments and royalties from profits Copyright - the right of ownership of an original literary or artistic work and the control over the right to copy it o encourage literary and artistic endeavors and protect such works from copying or use without authorization - Characteristics o “Right to copy” and the control of it o Types of work  Literary works such as books, poems, articles  Musica
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