Intellectual Property in Canada

Learning Objectives

  • Upon completion of Chapter 13, you should be able to:
    • Identify Types of Intellectual Property: Distinguish them from other forms of personal property.
    • Describe Copyright Rights: Understand the evolution and rights protected by copyright laws in Canada.
    • Explain Patent Rights: Identifying what rights are covered under patent laws.
    • Differentiate Trademarks and Designs: Make clear distinctions between trademarks and industrial designs.
    • Common Law Protections: Describe how confidential information and trade secrets are protected under common law.
    • Impact of Tech Growth: Explain how the growth of the internet and information technology has affected intellectual property and business.

Intellectual Property Overview

  • Definition: A subcategory of intangible personal property; refers to ideas, information, and creative works.
  • Purpose of Intellect Property Law:
    • Protects the product of mental effort.
    • Encourages the free flow of new ideas.
  • Legislation: Intellectual Property in Canada is governed by federal legislation.

Types of Intellectual Property

  1. Copyright: Protection for creators to control reproduction of their work.
  2. Patents: Rights to exclusive production and sale of inventions.
  3. Trademarks: Identifying marks that distinguish goods or services.
  4. Industrial Design: Protection for unique patterns and shapes.
  5. Confidential Information: Protection of trade secrets and private business information.
  • Definition: A legal right giving the creator exclusive control over use and reproduction of their work.
  • Duration:
    • For artists and authors: Lasts 50 years after their death.
    • For corporations and unknown authors (including works like movies): Lasts 50 years.
  • Public Domain: Post expiring copyright, works enter public domain.
Works Protected by Copyright
  • Literary Works: Articles, computer software, books, etc.
  • Dramatic Works: Films, theater performances, choreography.
  • Musical Works: Music compositions, including those online.
  • Artistic Works: Paintings, photographs, architecture, etc.
  • Extended Protections: Includes performances, sound recordings, and communication signals.
File Sharing and Rights
  • Legal Rights: Owners can prevent unauthorized use, reproduction, or sale.
  • Download Restrictions: Unauthorized downloading for profit is prohibited.
Rights and Ownership
  • Creation: Copyright exists automatically upon creation in Canada; registration is advised for proving ownership.
  • Ownership Rules:
    • Generally owned by the creator unless otherwise agreed.
    • Transfer of copyright does not relinquish moral rights.
Amendments and Fair Dealing
  • 2012 Changes: Established stricter measures against circumvention of digital locks.
  • Fair Dealing: Allows limited use for education, satire, research, etc., under the fairness criterion.

Copyright Infringement

  • Infringement Includes:
    • Commercial use without permission.
    • Plagiarism or misrepresentation.
  • Remedies: Injunctions and compensation available; employers can be held liable for employee actions.

Patents

  • Definition: Exclusive rights for inventors to produce and profit from inventions.
  • Components for Patentability:
    • New, original, and useful ideas.
    • Must provide sufficient detail for replication.
  • Non-eligible materials: Abstract theories, some software in Canada, and illegal products.
  • Duration: Typically grants a monopoly for up to 20 years.
Patent Creation Process
  1. Application: File with the patent office; priority given to the first application.
  2. Evaluation: Patent office assigns a reviewer.

Trademarks

  • Definition: Protects distinctive symbols, terms, and designs representing businesses.
  • Registration Importance: Provides legal presumption of ownership and exclusive usage rights.
  • Non-registered Options: Passing off actions available against misleading practices.

Industrial Design

  • Definition: Protection for the visual design of objects that are not purely utilitarian.
  • Registration Requirement: Must be registered within one year of public disclosure.

Trade Secrets and Confidential Information

  • Definition: Information that offers a competitive advantage and is kept secret.
  • Legal Protections: Protection through contractual obligations and common law duties not to disclose.
Remedies for Breach
  • Plaintiff must prove harm from disclosure; remedies include injunctions, damages, and accounting.

Challenges of Information Technology

  • Intellectual Property Enforcement: Complications due to digital transfers highlight the complexities of enforcement in the tech era.
  • Modern Regulation: New laws and regulations are evolving to address issues like privacy and cybersecurity.
  • Criminal Activity: Online crimes are prevalent and include unauthorized computer use and sharing copyrighted material.
Discussion Questions
  1. What are the ethical implications of imposing restrictions on former employees regarding use of confidential information?
  2. Can changing the role of Internet Service Providers (ISPs) to become more of content providers enhance enforcement of intellectual property laws?