G shape configuration pattern ornament university of

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Unformatted text preview: uiring disposal of offending items UNIVERSITY OF ALBERTA SIMILARITIES • Trade Names – • Corporate Names – • Name under which a sole proprietorship, a partnership, or a corporation does business Specific name of corporation, filed in particular jurisdiction Domain Names – An internet address • • Cybersquatting Conflict with trademarks when domain name includes a trademark – “Imperial”: Imperial Margarine, Imperial Oil, Imperial Tobacco UNIVERSITY OF ALBERTA • TRADEMARKS Paris Convention (INTERNATIONAL) – • 6 months Term of Registered Trademarks – – TRIPS – sets the minimum term at 7 years Registration may be renewed indefinitely UNIVERSITY OF ALBERTA INDUSTRIAL DESIGN • Also known as a Design Patent – – – – • Requires registration before it valid or enforceable – – • Shape, pattern, or ornamentation Applied to industrially mass-produced (50+) ‘Patent’ on style of ornamentation Functional/utilitarian features not registrable Original registration is valid for 5 years Optional renewal for an additional 5 years Registration protects visual appeal of object E.g. shape, configuration, pattern, ornament – UNIVERSITY OF ALBERTA • REMEDIES FOR INDUSTRIAL DESIGN INFRINGEMENT If design marked with name and symbol – • Registrant entitled to compensatory damages If design not marked – Registrant entitled to injunction only UNIVERSITY OF ALBERTA • TRADE SECRETS/CONFIDENTIAL A trade secret (or confidential information) INFORMATION is: – – – – Private information Owner treats as valuable and proprietary Often includes registrable subject matter Created by using legal means to keep secret – • Workers frequently required to promise secrecy Risk management – Worker may claim information as their own • Expense required to prove ownership of idea UNIVERSITY OF ALBERTA – Outsider may independently discover idea CONFIDENTIAL INFORMATION • Elements of claim – – – • Information of confidential nature Disclosed in circumstances of confidentiality Unauthorized use of the information Risk management – Confidential ideas vs. employee know-how • Carefully drafted confidentiality clause in contract UNIVERSITY OF ALBERTA KNOW-HOW • Know-How – – Defined: the practical expertise acquired from study, training and experience Laws protecting know-how: • • No specific statutory enactments General basis of protection: – – • Contract and tort Trade secrecy laws if the know-how is kept secret Duty of Confidence – – Imposed by law (fiduciaries) Imposed by contract (Confidentiality/NonDisclosure Agreement) UNIVERSITY OF ALBERTA ORGANIZATIONS • World Intellectual Property Organization (WIPO) – – – Administers the Paris and Berne Unions and other intellectual property conventions Sponsors and hosts conferences for the development of new intellectual property rights agreements Promotes the modernization of national intellectual property laws » Web link: http://www.wipo.int UNIVERSITY OF ALBERTA TRIPS • Trade Related Aspects of Intellectual Property Rights (TRIPS) – – – Part of WTO Cured the defects in Berne and Paris Conventions Minimal standards • • • • • Requires members to comply with the Conventions National treatment 50 year copyright protection Patent holder’s right to assign or license Enforcement procedures are followed UNIVERSITY OF ALBERTA TREATIES • Common minimum of protection established by TRIPS for intellectual property rights – – – WTO member state must observe the substantive provisions of the Paris, Berne, Rome and IPAC conventions Fill-in-the-gaps rules in the above treaties (e.g., it specifies the term of a patent) are provided Basic principles of the General Agreement on Tariffs and Trade are extended to the field of intellectual property rights (i.e., nondiscrimination, national treatment, transparency and simplification) UNIVERSITY OF ALBERTA TREATIES • Agreements Establishing Common Minimum Standards for Granting Intellectual Property Rights – Copyright • • – Patents • • – Berne Convention: The International Union for the Protection of Literary and Artistic Property of 1886 Universal Copyright Convention Patent Cooperation Treaty Paris Convention: The International Union for Protection of Industrial Property of 1883 Other UNIVERSITY OF ALBERTA • Rome Convention: The International Convention for TRANSFER • Ways to transfer intellectual property rights internationally: – – – – Owner works property rights abroad Owner transfers rights to another Owner licenses another to work rights Government grants a compulsory license to a third party UNIVERSITY OF ALBERTA TRANSFER • License – Types • Technology Licensing – • Intellectual Property Licensing – • Selling or assigning statutorily granted rights to licensee Technology Transfer Agreements – • Contractual arrangement in which the licensor’s patents, service mark, copyrights, or know how are sold or otherwise made available to a licensee for compensation Additionally provides managerial assistance and know how Created by Contract – – Standard contractual rules are used to interpret licenses Unfair competition laws regulate the scope of licenses UNIVERSITY OF ALBERTA TRANSFER • Compulsory License – Available if the owner of intellectual property (e.g., a patent or a copyright) refuses to work the property in the country within a certain period of time • • – A third party may apply for a compulsory license Issued by the government without the consent of the owner Not subject to the same rules that apply to licenses UNIVERSITY OF ALBERTA...
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This document was uploaded on 01/23/2014.

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