Federal agency that grants patents the patent office

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Federal agency that grants patents: the Patent Office, which is part of the Canadian Intellectual Property Office (an agency of Industry Canada)
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16-28 Creation Inventions must be registered with the Patent Office and a patent is granted: When a search of patent records confirms the invention is original and unique The first to apply has priority Application can be made in other jurisdictions Monopoly over invention runs for 20 years
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16-29 Trade-marks Protects terms, symbols, or designs that identify a product or company Prevents the deception of people who think they are dealing with the company usually associated with the symbol Must be registered - protection granted for 15 years (renewable) Register with the Canadian Intellectual Property Office continued ...
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Trade-marks, continued Must be distinctive Problem with “knock-offs” Civil remedies available – must determine whether or not a registered trademark is involved 13 - 30
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16-31 Industrial Designs Registration of a unique shape , pattern or ornament under the Industrial Design Act Register with the Canadian Intellectual Property Office Must take place within one year of publication Protection lasts 5 years and is renewable
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16-32 Confidential Information Duty not to disclose confidential information about a business that would cause harm to the business or bring personal benefit Duty created by a business relationship Duty stems from common law, trusts and fiduciary obligations Information should be identified as confidential
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16-33 Trade Secrets Confidential information that creates a competitive advantage Information must be valuable to the business It must not be commonly known or readily available Disclosure may be prohibited by contract in a restrictive covenant Non-disclosure agreement protects employer
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16-34 Remedies Plaintiff must show that the disclosure of information has caused harm Remedies: injunction, damages - general and punitive, accounting (profits made must be paid over to victim) Contract may provide remedies for breach Claims in tort Criminal Code may apply for cases involving theft, fraud, mischief
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HOMEWORK READ Chapter 13 Complete the chapter review questions 13 - 35
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  • Fall '19
  • Leasehold estate, Real property law, property office

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