Chapter 18.docx

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Prof
Semester
Fall

Description
Chapter 18: Intellectual Property Intellectual property: describes the results of the creative process (ideas, etc)  Protects application and expression of ideas  Can register and obtain property over patent, copyright, trademark, industrial design etc. Patents  Patents protect inventions, cannot patent an idea  Protecting electronic products might qualify for a patent protection  Patent: a monopoly to make, use or sell an invention  Given monopoly for 20 years if file for patent and after that it becomes public domain  There are some things that cant be patented o Things that receive exclusive protection under other areas of the law (like a computer program because they have protection under copy right law) o Things that don’t meet the definition of a patent (like scientific principles because they are discoveries not inventions) o Things that are for policy reasons (like methods of medical treatment) Requirements for Patentability: (granted for an invention that is new, useful an unobvious)  New: o Hasn’t been disclosed to public more than 1 year prior o Can’t patent something that have been sold or used publicly  Useful: o Must solve some practical problem, and have industrial value o Can’t patent art, or something purely esthetic  Unobvious: o There must be some originality or inventive step involved in the invention o Can’t patent a change that would be obvious to someone skilled in that field Patent Protection and Application:  Based on a first-to-file system – if someone else has independently invented the same thing, Canadian intellectual property office will give priority for patent to the first person who filed application  Patent Act doesn’t have provisions for ownership of inventions created by employees in course of employment – but the owner will be the employee unless the employee was 1 hired just for the purpose of inventing something OR if there is an implied agreement that says that the employee is not the owner of the invention  i.e. If you are employed to produce a method to protect electronic products, and invent a method in OWN time, you are inventor and can apply for patent and has no obligation to share invention with employer (unless contract states differently)  Application has 2 main parts o 1. Specification: Describes how invention was made/how to put into practice o 2. Claims: exclusive rights of the patent owner (before expiry of patent)  Gives the inventor right to exclude others from making, selling or using the invention  Patents only exist in the country where the application was made and granted Industrial Designs: protection for appearance of mass produced  Visual features, shape, configuration, pattern etc or any combo of hose applied to a finished article of manufacture  To register- has to be original and novel o Original - standard is lower than standard of inventiveness o Design can be fully new or old design that hasn’t been applied before o Novel – disclosure or use is no good unless within same year as registration  Registration is same as patent application  Gives right to owner exclusively to make, import, sell any article related to design that is registered  Can stop competitors from manufacturing and selling that looks confusingly similar  Lasts 10 years Trade Marks  The name of your product – phrase, letters/numbers, logo, design, an combination of those that is used to distinguish products or services from those of others  Colour, smells and odors cannot be registered as a trademark  Sounds are trademarks  Trade names: the name under which a sole proprietorship, partnership, corporation does business – name that business is carried on – could be name of corporation  The R in the circle is registered for a trademark  The TM is unregistered for trademarks  Gives owner exclusive rights to use the trademark and prevents others from using similar trademark  Last for 15 years in Canada 2 Common Law Trademarks (unregistered)  Registered or unregistered they get protection under common law and trademark act  Common law trademark exists when a business adopts and uses it  Part of goodwill of a company  Infringement of trademark by competitor using same or similar trademark can be addressed through tort of passing off  Only has rights in geographic areas where it has been used and areas where the reputation of owner has been spread Trademarks and Domain Names  Domain name: unique address of a website  TLD (top level domain) – to the right of the dot o .com, .org (general) .ca, .uk (country specific)  SLD (second level domain) – to left of the dot o Usually a business name, trademark Registration of Trademarks  Must show you have title to trademark – can only register what you own o In use if used or displayed in performance or advertising of services o Can be registered if not in use if registrant proposes to use it as a trademark in Canada o Show it is well known in Canada  Trademark is distinctive o Invented words o Must distinguish the goods or services  Trademark is registerable o CANNOT be primarily the name or surname of person who is living or died within 30 years i.e smith o CANNOT describe character or quality of the services or place of origin i.e. sweet for apples, Ontario wines, shredded wheat o CANNOT be misdescriptive of character or quality i.e all silk for cotton shirt o CANNOT be translation in a different language i.e avion o CANNOT be confused with another trademark i.e mego Copyright 3  The right to prevent others from COPYING or MODIFYING certain works  Protects original works of literary, musical, or dramatic things  Not protected - facts, names, slogans, short phrases, titles  Must be original, and fixation  Originality: work must originate from author, cant be copied from someone else  Fixation: work must be expressed in some fixed form – like a paper or diskette o Fixation separates unprotectable from protectable to give a means of
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