Canadian Intellectual Property - Concise Study Outline

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Canadian Intellectual Property

• There are 5 forms of intellectual property that can be protected through federal legislation in Canada:

1. Patents
   • A patent covers new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention.

2. Trade-marks
   • A trade-mark is a word, symbol or design (or combination of these features), used to distinguish the wares or services of one person or organisation from those of others in the marketplace.

3. Copyrights
   • A copyright provides protection for literary, artistic, dramatic or musical works (including computer programs), and 3 other subject-matter known as: performance, sound recording and communication signal.

4. Industrial designs
   • An industrial design is the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture.

5. Integrated circuit topographies
   • An integrated circuit topography refers to the 3-dimensional configuration of the electronic circuits embodied in integrated circuit products or layout designs.

Table of Contents

Canadian Intellectual Property Office (CIPO)

Patents

• What is a patent?
• What can you patent?
• When to apply for a patent
• Preparing a patent application
• Filing your application
• Requesting examination
• Filing prior art and protests
• Special order examination
• The examiner's task
• Patent Office letter of objection
• Responding to examiner's objections
• Reconsideration by the examiner
• Appealing
• Re-examination of a granted patent
• Reissue and disclaimer
• Fees

Trade-marks

• What is a trade-mark?
• Trade name vs. trade-mark
• Registered trade-mark vs. unregistered trade-mark
• Who can register a trade-mark?
• How do I register my trade-mark?
• How much does it cost?
• 5-step examination process
• How long does registration last?

Copyrights

• What is a copyright?
• What is covered by copyright?
• When copyright does not apply
• Infringement
• Fair dealing and exceptions
• Automatic protection for Canadian and foreign works
• Authorship
• Ownership
• Duration
• Moral rights

Industrial Designs

• What is an industrial design?
• When to file an application
• Why you should register
• Who can apply
• Before you file
• What you cannot register
• How long the process takes
• How long registration lasts
• Fees

Integrated Circuit Topographies

• Definition and use
• Canadian protection for integrated circuit topographies
• Exceptions
• Remedies
• Registration
• Fees
• Marking

Glossary of Intellectual Property Terms

Sample Multiple Choice Questions & Answers

Bibliography