Intellectual property: The results of the creative process, such as ideas, the expression of ideas,
formulas, schemes, trademarks, and the like; also refers to the protection attached to ideas
through patent, copyright, trademark, industrial design, and other similar laws
Creating of intellectual property right:
Patent- a monopoly to make, use, or sell an invention
o Exclusions from patent protection- things that receive exclusive protection under
other areas of the law ex software
o Things that do not meet the definition of a patent- ex scientific principles,
o Things that are, for policy reasons, patentable- medically or surgically treatable.
Requirements for patentability
o New- invention must be new or novel. It is new if it hasn’t been disclosed to the
o Useful- must solve some practical problem
o Unobvious- “inventiveness” must be some ingenuity or inventive step involved in
Patent agent- a professional trained in patent law and practice who can assist in the
preparation of a patent application
Specifications- The description of an invention contained in a patent
Claims- The exclusive rights of the patent holder
Industrial design is the visual features of shape, configuration, pattern, ornamentation,
or any combination of these applied to a finished article of manufacture.
Requirements for registration- Design must be entirely new, or it may be an old design
that had not previously been applied for the purpose of ornamenting the article in
Registration process and protection- The owner of the rights is entitled to make the
application. The designer is the owner unless paid for by another.
Trademarks: a word, symbol, design, or any combination of these used to distinguish the source
of goods or services Distinguishing noise: A shaping of wares or their container, or a mode of wrapping or packaging
Trade name: The name under which sole proprietorship, a partnership, or a corporation does
Domain name: The unique address of a website
Cyber-squatting: The bad-faiths practice of registering trademarks or trade names of others as
domain names for the purpose of selling the domain name to the rightful owner from obtaining
the domain name.
Requirements for registration-
Title- an applicant may register only a trademark that he owns.
o Use of the trademark
o Filing an application to register a proposed trademark
o Making it known in Canada
Distinctiveness- must actually distinguish the goods and services in association with
which it is used.
Registerability- trademark can’t be primarily the name or surname of an individual who
is living or has died within the proceeding 30 years.
Copy right: The right to prevent others from copying or modifying certain works.
Literary works- books, pamphlets, compilations, translations, and computer programs
Dramatic works- any piece for recitation, choreographic works, scenic arrangements,
and cinematography productions such as plays, operas, mime, films, videos, and screen
Musical works- any combo of melody and harmony, including sheet music
Artistic work- paintings, drawings, maps, charts, plans, photographs, engravings,
sculptures, works or ar