Continued infringement delivering up order requiring

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Unformatted text preview: ate the invention’s substance (or “pith and marrow”)? UNIVERSITY OF ALBERTA • PATENTS – EXPLOITING A Forms of exploitation PATENT – – – – Retain full control over the patent License the patent in exchange for royalties Sell the patent for lump sum Leverage the patent to raise capital UNIVERSITY OF ALBERTA PATENTS – RIGHT TO USE ANOTHER’S PATENT • • • • For an experimental purpose For non-commercial use To obtain governmental approval To repair and in some cases modify items UNIVERSITY OF ALBERTA REMEDIES FOR PATENT INFRINGEMENT • Compensatory damages – • Accounting of profits – • Monetarily disgorge defendant’s wrongful gain Injunction – • Monetarily repair plaintiff’s wrongful loss Order prohibiting continued infringement Delivering up – Order requiring disposal of offending items UNIVERSITY OF ALBERTA • INTERNATIONAL PATENT World IntellectualYSTEM S Property Organization – • Paris Convention – – – • Depository Organization that grew out of the Paris Convention on patents and trademarks and Bern Convention on copyrights Right of priority (1 year grace period) claim priority back to first filing National Treatment – foreign applications treated same 174 states Patent Cooperation Treaty (PCT) UNIVERSITY OF ALBERTA – Streamline the process for gaining protection in pct tIMELINE • Click to edit Master text styles – Second level • Third level – Fourth level » Fifth level UNIVERSITY OF ALBERTA • INTERNATIONAL PATENT Duration of Patents (varies by state) SYSTEM – • The WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires that term of a patent be no less than 20 years National Character of Patents: a patent is only valid within the territory of the state granting it States cannot prevent the use of patented technology outside their territory – States will stop the importation of goods from U N I V E third O F A L B E R T A R S I T Y countries that infringe a patent – TRIPS • Inventions excluded from patent protection (according to TRIPS): – – – Inventions that harm the ordre public or morality Inventions involving diagnostic, therapeutic, and surgical methods for the treatment of humans or animals New plants and animals other than microorganisms • Caveat: states must provide protection for plant varieties Inventions that involve essentially biological processes for the production of plants or UNIVERSITY OF ALBERTA animals – TRADEMARKS • Definition – – Distinguishing words, symbols, or designs (™ or ®) Protect external information-based assets • • – • Image, reputation, goodwill, name recognition merchants and others use to identify themselves and their products Distinctive mark Consumers associate goods/services with point of origin (producer) or standard of quality May be exploited for profit – UNIVERSITY OF ALBERTA TRADEMARKS • 4 basic categories of Trade-Marks – – – – Word marks (brand names, slog...
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This document was uploaded on 01/23/2014.

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