Textbook Chapter 18.docx

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

Chapter 18 – Intellectual Property Introduction  Intellectual property  Define: the results of intellectual or creative processes  Main categories  Paten专利权  Industrial design  Trademar商标  Copyright  Confidential information – price list, database, etc Creation of Intellectual Property Rights  Patent  Patents Defined  An new invention & improvement  Invention Categories Process or method Machines or apparatuses Products or compositions of matter  Exclusion from Patent Protection  Things that receive exclusive protection under other areas of the law (computer programs are not patentable, receive protection from copyright law)  Things that do not meet the definition of a patent (discoveries, only applications of discoveries can be patentable)  Things that are, for policy reasons, not patentable (methods of medical, business methods – depends on the circumstances, etc)  Requirements for Patentability  New One-year grace period – cannot be disclosed to public more than one year  Useful Solve practical problem Actually work  Unobvious Some ingenui独创性 or inventive step involved  Inventions during employment 1) Employee is asked to produce 2) Express or Implied agreement  Two main parts  Specifications – the description of an invention  Claims – the exclusive rights of the patent holder  Examined by the Canadian Intellectual Property Office, last for 20 years, national patent  Marking is not mandatory, but it is legally useful  Industrial Designs  Industrial Design Act – protects for the appearance of mass-produced(>50) useful articles or objects  Industrial Designs Defined:  The shapes or ornam装饰的alaspects of a product, not the functional aspect  Requirements for Registration  Original and n新奇的l  Disclosure & use within a year  Registration Process and Protection  Same as above  Written description + a graphic depiction  Lasts for 10 years  Mark – monetary damages for infrinnot Mark – injunction  Trademark 商标  Define: word, symbol, design, or any combination of these  Distinguishing guise: a shaping of wares or their container; or a mode of wrapping or packaging wares  Trade Names  Prevent others from using the similar or same name  Common Law Trademarks  Unregistere
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