3-Property Law

A comprehensive set of vocabulary flashcards focused on the key concepts of Intellectual Property Law, including trademarks, copyrights, patents, and industrial designs.

Intellectual Property

Protects creations of the mind but not ideas.

Trademark

Signs that distinguish goods or services.

Trademark Types

A sign can be a word, design, taste, texture, sound, scent, colour, hologram, three dimensional shape, moving image, style of packaging, or a combination of these.

Registered Trademark Benefits

Rights of use across Canada, protection against challenges based on prior use after 5 years, and renewable protection for 10 years.

Trademark Infringement

Includes passing off and trademark dilution.

Passing Off

Requires goodwill in the mark, public misrepresentation, and damages; assesses the likelihood of confusion.

Trademark Dilution

Using a mark in a non-confusing manner that tarnishes or diminishes its value.

Copyright

Protects original literary, artistic, musical and dramatic works against unauthorized copying.

Criteria for Valid Copyright

Must be original (requiring skill and judgment) and fixed in a medium of storage.

Fair Dealing

An exception to copyright protection for review, criticism, news reporting, private study, parody, or satire.

Moral Rights

Rights of authors/artists to be associated with their work and not have it disparaged or humiliated; these rights cannot be transferred.

Patent

Protects inventions and provides exclusive rights to make, use, or sell an invention.

Invention Categories

Includes products, compositions, processes, and improvements.

Patent Criteria

An invention must be new, useful, and not obvious.

Industrial Designs

Protect the visual appearance of a product, including shape or pattern.

Industrial Design Registration

Must be registered for protection within 1 year of initial use; lasts for 10 years.

IP Remedies

Includes damages, injunctions, accounting of profits, and delivering up.