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Questions and Answers
Amazon.com faced rejection of its patent application for the one-click purchasing method due to its classification as a business method.
Amazon.com faced rejection of its patent application for the one-click purchasing method due to its classification as a business method.
True
The decision in Canada regarding the patentability of business methods is completely aligned with the legal standards in the United States.
The decision in Canada regarding the patentability of business methods is completely aligned with the legal standards in the United States.
False
A business method can be patentable in Canada under specific circumstances.
A business method can be patentable in Canada under specific circumstances.
True
To be patentable, an invention must fit within the categories of art, process, and machine.
To be patentable, an invention must fit within the categories of art, process, and machine.
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Amazon's one-click application was ultimately found to have no practical application.
Amazon's one-click application was ultimately found to have no practical application.
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Amazon's patent application was upheld on the basis of an identical precedent from the United Kingdom.
Amazon's patent application was upheld on the basis of an identical precedent from the United Kingdom.
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For an invention to be patentable, it must lead to a result that is commercially beneficial.
For an invention to be patentable, it must lead to a result that is commercially beneficial.
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The Commissioner of Patents agreed with the Federal Court's ruling regarding the patentability of Amazon's one-click application.
The Commissioner of Patents agreed with the Federal Court's ruling regarding the patentability of Amazon's one-click application.
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An employee automatically owns any invention created during the course of employment.
An employee automatically owns any invention created during the course of employment.
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Estelle is entitled to apply for a patent for her invention since she invented it on her own time.
Estelle is entitled to apply for a patent for her invention since she invented it on her own time.
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Employers are recommended to include terms about the ownership of inventions in employment contracts.
Employers are recommended to include terms about the ownership of inventions in employment contracts.
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The claims section of a patent application defines the exclusive rights enjoyed by the patent holder.
The claims section of a patent application defines the exclusive rights enjoyed by the patent holder.
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Marking a product with the term 'patent pending' is mandatory for patent applications.
Marking a product with the term 'patent pending' is mandatory for patent applications.
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The Canadian Intellectual Property Office does not examine patent applications for prior inventions.
The Canadian Intellectual Property Office does not examine patent applications for prior inventions.
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A patent can only be issued after the necessary fee is paid.
A patent can only be issued after the necessary fee is paid.
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Specifications in a patent application inform readers of what they cannot do with the invention.
Specifications in a patent application inform readers of what they cannot do with the invention.
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A patent grants the inventor the right to use the invention freely without any time limit.
A patent grants the inventor the right to use the invention freely without any time limit.
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An invention created by an employee is owned by the employer if it was developed during the period of employment.
An invention created by an employee is owned by the employer if it was developed during the period of employment.
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Patents are valid worldwide and protect inventions in all countries simultaneously.
Patents are valid worldwide and protect inventions in all countries simultaneously.
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Estelle's method of weaving static protection into paper will qualify for patent protection if it is considered new, useful, and unobvious.
Estelle's method of weaving static protection into paper will qualify for patent protection if it is considered new, useful, and unobvious.
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The patent process requires the inventor to keep the discovery a secret in exchange for the patent rights.
The patent process requires the inventor to keep the discovery a secret in exchange for the patent rights.
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The Industrial Design Act protects the functionality of a product rather than its appearance.
The Industrial Design Act protects the functionality of a product rather than its appearance.
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An industrial design is defined as a feature that appeals solely to the eye, including shape, configuration, and pattern.
An industrial design is defined as a feature that appeals solely to the eye, including shape, configuration, and pattern.
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A Canadian patent cannot prevent the sale of an invention in the United States without a U.S. patent.
A Canadian patent cannot prevent the sale of an invention in the United States without a U.S. patent.
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Cyber-squatting refers to the bad-faith practice of registering domain names that are similar to existing trademarks for profit.
Cyber-squatting refers to the bad-faith practice of registering domain names that are similar to existing trademarks for profit.
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A trademark can be registered in Canada even if it is not yet in use.
A trademark can be registered in Canada even if it is not yet in use.
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Ownership of a trademark can be established simply by choosing a name.
Ownership of a trademark can be established simply by choosing a name.
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A trademark is considered in use in Canada when it is included on the products or services being sold.
A trademark is considered in use in Canada when it is included on the products or services being sold.
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If a trademark is not used for three years after registration, it cannot be cancelled.
If a trademark is not used for three years after registration, it cannot be cancelled.
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An applicant for a trademark must demonstrate that the trademark is distinctive.
An applicant for a trademark must demonstrate that the trademark is distinctive.
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Cyber-squatting is also known as the inadvertent use of a domain name that confuses consumers.
Cyber-squatting is also known as the inadvertent use of a domain name that confuses consumers.
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A trademark can be registered based solely on its popularity in another country.
A trademark can be registered based solely on its popularity in another country.
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A developer of multimedia works does not need to obtain rights for copyrighted content they use.
A developer of multimedia works does not need to obtain rights for copyrighted content they use.
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Compulsory licensing can occur if a patent holder fails to meet local demand for their patented article.
Compulsory licensing can occur if a patent holder fails to meet local demand for their patented article.
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Intellectual property rights require continuous monitoring and protection to avoid loss.
Intellectual property rights require continuous monitoring and protection to avoid loss.
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A license must always involve an exchange of ownership from the licensor to the licensee.
A license must always involve an exchange of ownership from the licensor to the licensee.
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Failure to utilize a license in a timely manner can result in its forfeiture.
Failure to utilize a license in a timely manner can result in its forfeiture.
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All forms of intellectual property rights can be licensed.
All forms of intellectual property rights can be licensed.
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A patent holder in Canada may be ordered by authorities to grant a license if they are deemed to be abusing their rights.
A patent holder in Canada may be ordered by authorities to grant a license if they are deemed to be abusing their rights.
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Insufficient production of a patented item can never lead to the conclusion that a patent is being abused.
Insufficient production of a patented item can never lead to the conclusion that a patent is being abused.
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A business may lose its trademark if it becomes a common term used to describe a product.
A business may lose its trademark if it becomes a common term used to describe a product.
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A defence of innocent infringement is available only when proper notice is provided on articles or their containers.
A defence of innocent infringement is available only when proper notice is provided on articles or their containers.
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Confidential business information is permanently protected regardless of disclosure.
Confidential business information is permanently protected regardless of disclosure.
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Industrial design rights can remain intact even if products lack proper marking.
Industrial design rights can remain intact even if products lack proper marking.
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Rosh Pharmaceuticals Corp’s Canadian patent could be cancelled if it fails to produce sufficient quantities of its drug.
Rosh Pharmaceuticals Corp’s Canadian patent could be cancelled if it fails to produce sufficient quantities of its drug.
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Trademarks require continuous use in association with goods to maintain their status.
Trademarks require continuous use in association with goods to maintain their status.
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Businesses can take measures to protect confidential information, including physical security and confidentiality agreements.
Businesses can take measures to protect confidential information, including physical security and confidentiality agreements.
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The loss of distinctiveness in a trademark can lead to its transformation into a generic term.
The loss of distinctiveness in a trademark can lead to its transformation into a generic term.
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The Internet Corporation for Assigned Names and Numbers (ICANN) manages all domain names globally.
The Internet Corporation for Assigned Names and Numbers (ICANN) manages all domain names globally.
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A registrant must have a legitimate interest in a domain name to successfully dispute a registration.
A registrant must have a legitimate interest in a domain name to successfully dispute a registration.
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Canadian businesses must meet specific presence requirements to register .ca domain names.
Canadian businesses must meet specific presence requirements to register .ca domain names.
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Domain names can legally infringe on trademarks if both parties have a legitimate interest in the trademark.
Domain names can legally infringe on trademarks if both parties have a legitimate interest in the trademark.
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Cyber-squatting is the practice of registering a domain name with the intent to sell it to a trademark owner.
Cyber-squatting is the practice of registering a domain name with the intent to sell it to a trademark owner.
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Dispute resolutions for domain name conflicts are generally lengthy and expensive.
Dispute resolutions for domain name conflicts are generally lengthy and expensive.
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If a complainant, during a dispute, can prove bad faith on the registrant's part, their case is likely to succeed.
If a complainant, during a dispute, can prove bad faith on the registrant's part, their case is likely to succeed.
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The issuance of a domain name does not require any verification of the registrant's identity.
The issuance of a domain name does not require any verification of the registrant's identity.
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An invention can be considered new if it has been publicly used without prior patent filing.
An invention can be considered new if it has been publicly used without prior patent filing.
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A perpetual motion machine meets the utility requirement for patentability.
A perpetual motion machine meets the utility requirement for patentability.
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For an invention to be patentable, it must be both useful and general knowledge in its field.
For an invention to be patentable, it must be both useful and general knowledge in its field.
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The Canadian Intellectual Property Office allowed Amazon's patent application for its one-click purchasing method eventually.
The Canadian Intellectual Property Office allowed Amazon's patent application for its one-click purchasing method eventually.
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The one-year grace period for public disclosure of an invention allows total freedom for the inventor to disclose without consequences.
The one-year grace period for public disclosure of an invention allows total freedom for the inventor to disclose without consequences.
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Estelle's invention of protecting electronic products from electrostatic discharge is patentable if deemed useful and unobvious.
Estelle's invention of protecting electronic products from electrostatic discharge is patentable if deemed useful and unobvious.
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An invention must demonstrate actual commercial success to be considered useful for patent eligibility.
An invention must demonstrate actual commercial success to be considered useful for patent eligibility.
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The Federal Court ruled that the lower court had enough evidence to determine the patentable subject matter of the one-click application.
The Federal Court ruled that the lower court had enough evidence to determine the patentable subject matter of the one-click application.
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The copyright owner is always the person who creates the work.
The copyright owner is always the person who creates the work.
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Copyright protection lasts for the creator's life plus 100 years.
Copyright protection lasts for the creator's life plus 100 years.
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Marking a work with a copyright notice is required to obtain copyright protection.
Marking a work with a copyright notice is required to obtain copyright protection.
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One of the rights granted under copyright is the right to perform the work publicly.
One of the rights granted under copyright is the right to perform the work publicly.
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To comply with copyright law, it is mandatory for an author to register their work with the Copyright Office.
To comply with copyright law, it is mandatory for an author to register their work with the Copyright Office.
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An author can create adaptations of their own work without needing additional rights.
An author can create adaptations of their own work without needing additional rights.
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Copyright infringement occurs only when a significant portion of the work is reproduced without permission.
Copyright infringement occurs only when a significant portion of the work is reproduced without permission.
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The act of translating a work is not covered under copyright rights.
The act of translating a work is not covered under copyright rights.
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Once confidential information becomes generally known, it ceases to have any legal protection.
Once confidential information becomes generally known, it ceases to have any legal protection.
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All intellectual property rights can be assigned, while moral rights are exceptions that can be waived, but not assigned.
All intellectual property rights can be assigned, while moral rights are exceptions that can be waived, but not assigned.
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A license to use intellectual property is irrelevant if the owner does not have the right to license it.
A license to use intellectual property is irrelevant if the owner does not have the right to license it.
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The process of obtaining a license for intellectual property is typically straightforward and uncomplicated.
The process of obtaining a license for intellectual property is typically straightforward and uncomplicated.
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Intellectual property rights do not require any form of ongoing protection once they are established.
Intellectual property rights do not require any form of ongoing protection once they are established.
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A business can lose its trademark rights if the trademark becomes viewed as a common term for the product it represents.
A business can lose its trademark rights if the trademark becomes viewed as a common term for the product it represents.
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Once a patent is issued, the inventor has the right to use the invention with no time constraints.
Once a patent is issued, the inventor has the right to use the invention with no time constraints.
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All forms of intellectual property are guaranteed legal protection regardless of their applicability or benefit.
All forms of intellectual property are guaranteed legal protection regardless of their applicability or benefit.
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Confidential business information can be protected indefinitely as long as it is not disclosed to the public.
Confidential business information can be protected indefinitely as long as it is not disclosed to the public.
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The penalties for misappropriating trade secrets can reach up to 20 years of imprisonment under certain circumstances.
The penalties for misappropriating trade secrets can reach up to 20 years of imprisonment under certain circumstances.
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Non-disclosure agreements are unnecessary when an obligation of confidence is implied in a fiduciary relationship.
Non-disclosure agreements are unnecessary when an obligation of confidence is implied in a fiduciary relationship.
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Breach of express or implied terms can lead to claims for protection of confidential business information.
Breach of express or implied terms can lead to claims for protection of confidential business information.
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A confidentiality agreement allows the recipient to use the confidential information in any manner they choose.
A confidentiality agreement allows the recipient to use the confidential information in any manner they choose.
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Misappropriation of confidential information can only result in civil redress, not criminal charges.
Misappropriation of confidential information can only result in civil redress, not criminal charges.
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The existence of personal relationships can create circumstances where information is shared under an obligation of confidence.
The existence of personal relationships can create circumstances where information is shared under an obligation of confidence.
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Information received in a professional context does not require any special obligations of confidentiality.
Information received in a professional context does not require any special obligations of confidentiality.
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The documentary Room Full of Spoons was released in 2015.
The documentary Room Full of Spoons was released in 2015.
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Tommy Wiseau successfully prevented the release of the documentary.
Tommy Wiseau successfully prevented the release of the documentary.
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The documentary used about 7 minutes of clips from The Room, which was deemed trivial by the court.
The documentary used about 7 minutes of clips from The Room, which was deemed trivial by the court.
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The fair dealing exemption in the Copyright Act allows for criticism or review of original works.
The fair dealing exemption in the Copyright Act allows for criticism or review of original works.
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The amount of clips used in the documentary was considered substantial relative to its impact on the work.
The amount of clips used in the documentary was considered substantial relative to its impact on the work.
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The documentary's use of The Room clips fell under the purpose of news reporting due to its cultural significance.
The documentary's use of The Room clips fell under the purpose of news reporting due to its cultural significance.
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Copyright infringement claims in the case were centered around the use of original music from The Room.
Copyright infringement claims in the case were centered around the use of original music from The Room.
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Wiseau brought action against the documentary for misrepresentation of his intentions.
Wiseau brought action against the documentary for misrepresentation of his intentions.
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An invention must involve an inventive step to be eligible for patent protection.
An invention must involve an inventive step to be eligible for patent protection.
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Simply changing the color of a product is considered an inventive step for patent eligibility.
Simply changing the color of a product is considered an inventive step for patent eligibility.
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A patent application must be filed before an inventor publicly discloses their invention to ensure patent rights.
A patent application must be filed before an inventor publicly discloses their invention to ensure patent rights.
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A patent agent considers an invention to be novel if it duplicates an existing product.
A patent agent considers an invention to be novel if it duplicates an existing product.
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The priority in the patent application process goes to the inventor who publicly discloses their invention first.
The priority in the patent application process goes to the inventor who publicly discloses their invention first.
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Estelle's invention must solve a practical problem to qualify for patent protection.
Estelle's invention must solve a practical problem to qualify for patent protection.
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An employer automatically owns any invention created by their employee, regardless of when it was developed.
An employer automatically owns any invention created by their employee, regardless of when it was developed.
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Dr. James Martin's new surgical technique will likely be granted a patent because surgical applications are generally patentable.
Dr. James Martin's new surgical technique will likely be granted a patent because surgical applications are generally patentable.
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Scientific principles and natural phenomena are classified as inventions and are therefore patentable.
Scientific principles and natural phenomena are classified as inventions and are therefore patentable.
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The state of the art must be evaluated to determine the unobviousness of an invention.
The state of the art must be evaluated to determine the unobviousness of an invention.
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Business methods are universally excluded from patentability in Canada.
Business methods are universally excluded from patentability in Canada.
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A practical application of a theory can qualify for patent protection.
A practical application of a theory can qualify for patent protection.
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Methods of medical treatment are generally considered patentable.
Methods of medical treatment are generally considered patentable.
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Illicit objects can be patented under any circumstance.
Illicit objects can be patented under any circumstance.
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The patent application process in Canada requires the invention to be both new and useful.
The patent application process in Canada requires the invention to be both new and useful.
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Patents are primarily issued for inventions that are abstract and theoretical in nature.
Patents are primarily issued for inventions that are abstract and theoretical in nature.
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An industrial design can provide protection for the functionality of a product rather than its appearance.
An industrial design can provide protection for the functionality of a product rather than its appearance.
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The symbol for marked registered industrial designs is represented by a capital D inside a circle (Ⓓ).
The symbol for marked registered industrial designs is represented by a capital D inside a circle (Ⓓ).
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A trademark can only be considered in use in Canada when it has never been included on the products or services being sold.
A trademark can only be considered in use in Canada when it has never been included on the products or services being sold.
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Failure to properly mark a design limits a court's ability to award monetary damages in infringement cases.
Failure to properly mark a design limits a court's ability to award monetary damages in infringement cases.
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A trademark can be established through mere popularity without corresponding use in commerce.
A trademark can be established through mere popularity without corresponding use in commerce.
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An unregistered trademark does not receive any protection under common law.
An unregistered trademark does not receive any protection under common law.
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The Tragically Hip's lawsuit against Mill Street Brewery centers on the use of a geographical name.
The Tragically Hip's lawsuit against Mill Street Brewery centers on the use of a geographical name.
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The Tragically Hip claimed that Mill Street Brewery's advertisements may mislead consumers about a relationship between the band and the beer.
The Tragically Hip claimed that Mill Street Brewery's advertisements may mislead consumers about a relationship between the band and the beer.
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LAC was found not liable for any breach of fiduciary duty in the legal dispute.
LAC was found not liable for any breach of fiduciary duty in the legal dispute.
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In the case brought by The Tragically Hip, the band has a business relationship with Mill Street Brewery.
In the case brought by The Tragically Hip, the band has a business relationship with Mill Street Brewery.
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For confidential information to maintain legal protection, it must remain secret.
For confidential information to maintain legal protection, it must remain secret.
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A registered trademark can only be enforced if it is actively used in connection with the goods or services it represents.
A registered trademark can only be enforced if it is actively used in connection with the goods or services it represents.
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A reasonable person in the position of LAC would have understood the information was given in confidence.
A reasonable person in the position of LAC would have understood the information was given in confidence.
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The promotion of the 100th Meridian beer with references to Tragically Hip's concerts is legally permissible under trademark laws.
The promotion of the 100th Meridian beer with references to Tragically Hip's concerts is legally permissible under trademark laws.
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Reverse engineering of a product can render confidential business information permanently protected under the law.
Reverse engineering of a product can render confidential business information permanently protected under the law.
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Claiming a name as a trademark requires registration with the proper authorities.
Claiming a name as a trademark requires registration with the proper authorities.
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The term 'confidential information' relates to details that are protected from being disclosed to the public.
The term 'confidential information' relates to details that are protected from being disclosed to the public.
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The court found that most of the information conveyed by Corona was confidential.
The court found that most of the information conveyed by Corona was confidential.
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An employee is allowed to use their personal knowledge acquired during employment, even if that knowledge is considered trade information.
An employee is allowed to use their personal knowledge acquired during employment, even if that knowledge is considered trade information.
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The misuse of confidential information is not a requirement for establishing breach of confidence.
The misuse of confidential information is not a requirement for establishing breach of confidence.
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The Supreme Court of Canada found that all information conveyed to LAC was classified as confidential.
The Supreme Court of Canada found that all information conveyed to LAC was classified as confidential.
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Copyright protection applies to works such as maps, photographs, and sculptures.
Copyright protection applies to works such as maps, photographs, and sculptures.
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To qualify for copyright, a work must be both original and in a fixed form.
To qualify for copyright, a work must be both original and in a fixed form.
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An edited version of a court decision is considered an original work for copyright protection.
An edited version of a court decision is considered an original work for copyright protection.
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The registration of a copyright is mandatory for it to be enforced in Canada.
The registration of a copyright is mandatory for it to be enforced in Canada.
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Facts and short phrases can be copyrighted under intellectual property law.
Facts and short phrases can be copyrighted under intellectual property law.
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Copyright protection can apply to non-traditional works, including sound recordings and performances.
Copyright protection can apply to non-traditional works, including sound recordings and performances.
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A work that is not expressed in a fixed form, like a spontaneous speech, is eligible for copyright protection.
A work that is not expressed in a fixed form, like a spontaneous speech, is eligible for copyright protection.
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Copyright owners in Canada must mark their works to effectively enforce their rights.
Copyright owners in Canada must mark their works to effectively enforce their rights.
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Surgical methods are generally patentable under Canadian law.
Surgical methods are generally patentable under Canadian law.
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A scientific principle can qualify for patent protection if applied practically.
A scientific principle can qualify for patent protection if applied practically.
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Business methods like franchising are widely accepted as patentable in Canada.
Business methods like franchising are widely accepted as patentable in Canada.
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A patent can cover a computerized method that controls a plant's operation.
A patent can cover a computerized method that controls a plant's operation.
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Natural phenomena are classified as inventions and can be patented.
Natural phenomena are classified as inventions and can be patented.
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The patent system allows for patenting of all forms of medical techniques.
The patent system allows for patenting of all forms of medical techniques.
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Innovation in medical procedures guarantees patent approval in Canada.
Innovation in medical procedures guarantees patent approval in Canada.
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Intellectual property rights can be permanently lost if not continuously monitored.
Intellectual property rights can be permanently lost if not continuously monitored.
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The process of compulsory licensing permits a third party to produce a patented item without the patent holder's permission.
The process of compulsory licensing permits a third party to produce a patented item without the patent holder's permission.
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A trademark can be registered in Canada only if it is currently in use in commerce.
A trademark can be registered in Canada only if it is currently in use in commerce.
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An invention must be original, functional, and not obvious to qualify for a patent.
An invention must be original, functional, and not obvious to qualify for a patent.
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Trademark ownership can be claimed by simply selecting a name, regardless of prior use.
Trademark ownership can be claimed by simply selecting a name, regardless of prior use.
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Copyright protection applies automatically upon the creation of a work without needing any registration.
Copyright protection applies automatically upon the creation of a work without needing any registration.
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Employers automatically own any invention created by an employee regardless of the invention's context.
Employers automatically own any invention created by an employee regardless of the invention's context.
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To be protected by copyright, a work must exist in a fixed form, such as being written on paper or saved on a disk.
To be protected by copyright, a work must exist in a fixed form, such as being written on paper or saved on a disk.
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A patent grants exclusive rights for an unlimited time to the inventor.
A patent grants exclusive rights for an unlimited time to the inventor.
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All artistic works are eligible for copyright regardless of their originality or fixation.
All artistic works are eligible for copyright regardless of their originality or fixation.
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An industrial design protects the appearance of a product rather than its functionality.
An industrial design protects the appearance of a product rather than its functionality.
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Names and slogans are generally protected under copyright law.
Names and slogans are generally protected under copyright law.
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The edited version of a court decision qualifies for copyright protection due to its original authorship.
The edited version of a court decision qualifies for copyright protection due to its original authorship.
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Sound recordings, performances, and broadcasts are considered non-traditional works eligible for copyright.
Sound recordings, performances, and broadcasts are considered non-traditional works eligible for copyright.
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A work must be completely unique and unprecedented to be considered original for copyright purposes.
A work must be completely unique and unprecedented to be considered original for copyright purposes.
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Employers automatically hold the copyright to any work produced by employees during their employment.
Employers automatically hold the copyright to any work produced by employees during their employment.
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A key part of determining whether a work is substantial involves both qualitative and quantitative aspects.
A key part of determining whether a work is substantial involves both qualitative and quantitative aspects.
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The main personality trait of the protagonist in Robinson Sucroë was depicted as curiosity.
The main personality trait of the protagonist in Robinson Sucroë was depicted as curiosity.
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Copyright owners hold the exclusive right to prohibit reproduction of their work.
Copyright owners hold the exclusive right to prohibit reproduction of their work.
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Both Curiosity and Sucroë featured secondary characters that were primarily animals.
Both Curiosity and Sucroë featured secondary characters that were primarily animals.
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The distinctive elements of a work are not considered when determining if copyright infringement has occurred.
The distinctive elements of a work are not considered when determining if copyright infringement has occurred.
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Copyright infringement cases often arise when new works are based on or inspire works in the public domain.
Copyright infringement cases often arise when new works are based on or inspire works in the public domain.
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The term 'substantial' in copyright law only refers to the quantity of the copied work.
The term 'substantial' in copyright law only refers to the quantity of the copied work.
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Claude Robinson was unsuccessful in finding a producer for his work before his copyright was registered.
Claude Robinson was unsuccessful in finding a producer for his work before his copyright was registered.
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The author does not have the right to object to uses of their work if it harms their honour.
The author does not have the right to object to uses of their work if it harms their honour.
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Moral rights allow an author to prevent the distortion or modification of their work.
Moral rights allow an author to prevent the distortion or modification of their work.
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The fair dealing exemption permits copying works for personal enjoyment only.
The fair dealing exemption permits copying works for personal enjoyment only.
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Michael Snow's sculpture, Flight Stop, was modified by the addition of green ribbons.
Michael Snow's sculpture, Flight Stop, was modified by the addition of green ribbons.
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The court ruled that the Eaton Centre's actions regarding the sculpture were not prejudicial to Michael Snow's honour.
The court ruled that the Eaton Centre's actions regarding the sculpture were not prejudicial to Michael Snow's honour.
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The test for fair dealing includes a two-step analysis focused on the purpose and nature of the use.
The test for fair dealing includes a two-step analysis focused on the purpose and nature of the use.
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Authors completely lose their rights upon selling their works.
Authors completely lose their rights upon selling their works.
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The addition of decorative elements to an art piece does not affect the artist's moral rights.
The addition of decorative elements to an art piece does not affect the artist's moral rights.
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Research is limited to creative purposes and does not include consumer analysis for purchasing decisions.
Research is limited to creative purposes and does not include consumer analysis for purchasing decisions.
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The character of the dealing is not one of the factors considered when assessing fairness in dealings.
The character of the dealing is not one of the factors considered when assessing fairness in dealings.
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The Room, although it received negative reviews, managed to maintain a conventional box office success.
The Room, although it received negative reviews, managed to maintain a conventional box office success.
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Tommy Wiseau initially supported the documentary project about The Room but later withdrew his support due to critical perspectives.
Tommy Wiseau initially supported the documentary project about The Room but later withdrew his support due to critical perspectives.
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Richard Harper became a fan of The Room after sponsoring a screening in Ottawa in 2010.
Richard Harper became a fan of The Room after sponsoring a screening in Ottawa in 2010.
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The documentary about The Room was fully financed by Wiseau after he decided to withdraw from the project.
The documentary about The Room was fully financed by Wiseau after he decided to withdraw from the project.
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The documentary project about The Room was initiated with the encouragement of Tommy Wiseau himself.
The documentary project about The Room was initiated with the encouragement of Tommy Wiseau himself.
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The film The Room has been described as ‘intoxicatingly awful’ by the BBC.
The film The Room has been described as ‘intoxicatingly awful’ by the BBC.
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Study Notes
Intellectual Property Objectives
- Understanding intellectual property
- Rights that attach to intellectual property
- How intellectual property is acquired
- How to protect intellectual property assets of an organization
Business Law in Practice
- Estelle Perez is an engineer at ELEX Technologies Inc.
- ELEX produces electronic products.
- 15% of their products malfunctioned last year.
- This was caused by electrostatic discharge (ESD) during shipping.
- Estelle created ESD-protective packaging from recyclable conductive paper.
Introduction to Intellectual Property
- Intellectual property describes the results of intellectual or creative processes.
- Common business examples include recipes, manufacturing processes, methods of extracting minerals, advertising jingles, business and marketing plans, and the distinctive names of products/services.
- Intellectual property describes a bundle of rights regarding ideas or how they're expressed.
- Categories include patents, trademarks, copyrights, industrial designs, and confidential business information.
- There are also laws protecting plant varieties, integrated circuit topographies, and personality rights.
Patents Defined
- Invention is defined as any new useful art, process, machine, manufacture, or composition of matter, or any new and useful improvement in such.
- Examples include processes, methods, machines, apparatuses, products or compositions of matter, and microorganisms.
- Estelle's invention (ESD-protective packaging) may qualify for patent protection.
Monsanto v Schmeiser, 2004 SCC 34
- Percy Schmeiser, a Saskatchewan farmer, grew canola without obtaining a license from Monsanto (a biotechnology firm).
- Monsanto's Roundup Ready canola plants contain patented genes and cells.
- Schmeiser harvested canola from seeds that were not purchased from an authorized Monsanto agent.
- Monsanto sued him for patent infringement, claiming he used their patented invention.
- The Supreme Court of Canada ruled against Schmeiser, stating that the growth and use of the patented modified canola plants constituted infringement.
Quiz-Question 18.1
- Which of the following is least likely to qualify for intellectual property protection? - The unique recipe of a restaurant
- A restaurant's practice of selling organic foods
- A restaurant's advertising jingle
- A unique name of a restaurant
Creation of Intellectual Property Rights
- Estelle’s intellectual property includes the method for weaving static protection into the fiber, her product's name, and accompanying documents.
Patents Defined
- The Patent Act defines an invention as any new and useful art, process, machine, manufacture or composition of matter or any new and useful improvement in any art, process, machine, manufacture or composition of matter.
Patents
- Substances intended for food or medicine, as well as the processes for producing them, are patentable.
Case 18.1
- The business context involves the sale of alcoholic beverages.
- Diageo Canada Inc, a subsidiary of London-based Diageo plc, is a major alcoholic beverage producer.
- Heaven Hills is an American company selling rum.
Case 18.2
- The business context focuses on the patentability of methods of doing business.
- Amazon.com applied for a patent for a method and system for placing a purchase order via a communications network.
Intellectual Property Protection-Patents
- Patents protect inventions and are essential.
- Industrial designs protect appearance.
- Trademarks distinguish goods/services.
- Copyright prevents copying; necessary for artwork, publishing, music etc.
Copyright
- Copyright applies to original literary, dramatic, musical, and artistic works.
- Categories include books, pamphlets, compilations, translations, computer programs, plays, operas, mime, films, videos, screenplays, musical scores etc..
Copyright - Requirements
- Originality: The work must be created by the author, not copied from another.
- Fixation: The work must be expressed in some fixed form, e.g., paper, disk.
Copyright-Rights Under Copyright
- Reproduction, Public Performance, Publication, Translation, Adaptation, Mechanical reproduction, Cinematographic presentation, Communication, Exhibition, and Authorization.
Copyright -Exemptions
- There are exemptions for libraries, museums, archives, people with disabilities, and educational institutions.
Industrial Designs
- Industrial designs protect the appearance of mass-produced items.
- Must be original, new and novel.
- A design must be substantially different from prior art, a simple variation and contain originality.
Trademarks
- A trademark is a sign or a combination of signs used to distinguish a person's/company's products or services.
- Includes words, slogans, designs, series of letters, numbers, symbols, holograms, moving images, sounds, smells, and position of signs.
Trade Names
- Closely related to trademarks.
- A trade name is the name of the business.
- If a trade name is used as a trademark, this can prevent others from registering it as a trademark.
Business Application of the Law - 18.2
- Social media is rapidly used by businesses for customer engagement and sales.
- Posting images/videos to social media can cause copyright infringement depending on permissions and use.
Confidential Business Information
- Businesses want to keep some information confidential.
- This protects it from others exploiting their work.
- Methods like secure storage, restricting access, and confidentiality agreements are used.
Questions for Critical Thinking
- A variety of intellectual property related questions for discussion.
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Description
Test your knowledge on the patentability of business methods, with a focus on Amazon's one-click purchasing method. This quiz covers important legal standards in both the United States and Canada regarding the requirements for patent applications and commercial benefits. Explore the nuances of patent laws and how they are applied in different jurisdictions.
