Legal Week 8

What is exclusive possession?

Controlling use of something and preventing others from using it

Why is exclusive possession difficult for ideas?

Ideas can be used by multiple people at the same time

What is non-exclusive possession?

Many people can use the same idea without reducing its value

What is natural scarcity?

Limited supply of physical goods

What is artificial scarcity?

IP law limits access to ideas to increase value

Why does IP law create artificial scarcity?

To encourage innovation and creativity

What is intellectual property (IP)?

Legal protection for creations of the mind

What is the 'limited monopoly'?

Exclusive rights for a limited time

What are the main types of IP?

Copyright, Trademarks, Patents, Industrial designs

What does copyright protect?

Expression of ideas (not the ideas themselves)

What are the 3 requirements for copyright In Canada?

Original, Fixed, Connected to Canada

What types of works are protected by copyright?

Literary, Artistic, Musical, Dramatic

What are economic rights?

Copy, Publish, Perform, Adapt

What are moral rights?

Attribution (credit), Integrity (no distortion), Association

Can moral rights be sold?

No (but can be waived)

What are neighbouring rights?

Rights for performers, broadcasters, recordings

What is NOT protected by copyright?

Titles, Slogans, Short phrases, Facts

Who owns copyright?

Creator

What is the exception to copyright ownership?

Employer owns work created in job

How long does copyright last?

Life + 50 years

What is copyright infringement?

Using work without permission

Can small portions infringe copyright?

Yes, if substantial

Why is the internet a problem for copyright?

Easy copying and distribution

What is fair dealing?

Legal use without permission

What are examples of fair dealing?

Study, Research, Education, Parody

Why is AI controversial regarding copyright?

Training may copy copyrighted works

What is Digital Rights Management (DRM)?

Technology controlling digital content use

What is a trademark?

Word/symbol identifying a business

What is the purpose of a trademark?

Prevent confusion + protect brand

Is registration required for trademarks?

No

What are the benefits of trademark registration?

Canada-wide protection, Easier enforcement

What is the limitation of unregistered trademarks?

Only protected locally

What are the elements of passing off?

Reputation, Misrepresentation, Damage

What are the types of trademark infringement?

Copying, Knock-offs, Dilution, Confusing use

What are the remedies for trademark infringement?

Damages, Profits, Injunction, Destroy goods

What is a patent?

Right to control an invention

How long does a patent last?

20 years

What does an inventor give in the patent bargain?

Full disclosure

What do inventors get in return for a patent?

Monopoly rights

What makes an invention patentable?

New, Non-obvious, Useful

What cannot be patented?

Natural laws, Abstract ideas, Business methods

What is patent infringement?

Using invention without permission

What are the remedies for patent infringement?

Damages, Profits, Injunction

How can one avoid patent issues?

Search databases, File early, Use confidentiality

How can patents be used?

License, Sell, Keep exclusive

What is experimental use in patents?

Study allowed, use not allowed

What do industrial designs protect?

Appearance (shape, look)

Must industrial designs be registered?

Yes

What is the duration of industrial designs?

Up to 10 years

What is confidential information?

Information shared with expectation of secrecy

When does breach of confidence occur?

Info is confidential, Shared in trust, Misused

What are trade secrets?

Valuable secret info (e.g. recipes)

What is the duration of trade secrets?

Unlimited (if kept secret)

What risks exist for trade secrets?

Leakage, Independent discovery

How to protect secrets?

NDAs, Limit access, Label confidential