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ADMS2610-Session11-Ch27

ADMS2610-Session11-Ch27 - ADMS2610 Session 11 Chapter 27(pg...

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ADMS2610 Session 11 Chapter 27 (pg. 517-520, 524-536) Patent - exclusive right granted to the inventor of something new and different to produce the invention for a period of 20 years in return for the disclosure of the invention to the public o industrial property – encourage new inventions - Historical Development o Early forms from English guilds o Blend of procedural aspects of USA patent law but retained the common law interpretations and expression of patent rights - Patent Act o Patents apply to inventions which are: (1) New – not invented before (2) Useful – not a mere idea, actually works can be reproduced by someone “skilled in the art” (3) Unobvious not next logical step o Four Classes (1) A machine (multiple interactive parts) (2) A process (method of manufacture or achieving result) (3) An article of manufacture (useful device) (4) Composition of material (a formulation) Trademark - a mark to distinguish the goods or services of one person from the goods and services of others o protect marks and prevent unauthorized use - Characteristics o Includes trademarks and trade names o Protection of goodwill and preventing passing off - Historical Development o Long history dating back to Babylon o Various amendments in Canada over the years Now includes certification marks and importation of trademarked goods - Trademark Act o Federal – governs use of trademarks and trade names in Canada Provides types of marks and procedure for registration o Trademarks – marks can be registered which are: Not descriptive In use by another prior user
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Not confusing with existing marks
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