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| Overview of IP |
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| The following is an
overview of the different types of intellectual property available
in Canada. |
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Patents |
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A Patent grants the exclusive right,
privilege and liberty of making, using, and selling an invention,
for the term of the patent, subject to adjudication. In general, an
invention is any new, useful and unobvious art, process, machine,
manufacture or composition of matter or any improvement thereto.
This broad definition permits many things to be patented, however,
there are also some things that are considered unpatentable:
- Mere scientific principles or
abstract theorems
- Methods of doing business or
similar professional methods
- Methods of medical treatment
- Computer programs per se
- Architectural plans
A patent is only granted for the
physical embodiment of an idea or for a process that produces
something tangible and saleable. Patentable subject matter generally
takes the form of a product, process or apparatus having a technical
and commercial objective or application. |
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Trade-Marks |
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A
trade-mark is something that is used or proposed to be used for the
purpose of distinguishing ones wares or services from those of
others.
A trade-mark can be a word or
words, a phrase or slogan, a symbol or logo, letters, numbers,
shapes, designs, packages or get-ups. Trade-marks that are the name
of the wares or services in any language or which are deceptively
misdescriptive are not registrable in Canada.
A trade-mark is different from a
trade-name, although a trade-name, or a portion thereof, may in
certain circumstances be used as a trade-mark. A trade name is the
name under which any business is carried on. |
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Industrial Designs |
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An
Industrial Design registration protects the shape, pattern or
ornamentation applied to a useful manufactured article. |
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Copyright |
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Legal
protection for literary, artistic, dramatic or musical works or
computer software. |
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Integrated Circuit Topography |
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An
integrated circuit topography is the three-dimensional configuration
of the electronic circuits embodied in integrated circuit products
or layout designs. |
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Plant Varieties |
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New plant
varieties of certain crops can be protected under the Plant
Breeder's Rights Act.
Protection under this Act gives the
owner control over the multiplication and sale of reproductive
material for a particular plant variety. In order for such material
to be protected, the varieties must be:
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new (not previously
sold);
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distinct (different
from all other varieties);
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uniform (all plants
are the same), and
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stable (each
generation remains consistently the same).
The term of protection is for up to
18 years. Like other forms of intellectual property, the onus is on
the owners to enforce their rights.
This form in intellectual property
protection is administered by Agriculture Canada, rather
than the Canadian Intellectual Property Office. |
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Trade Secrets |
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A trade
secret is a secret method, device, process, or formula used to
competitive advantage in business. Trade Secrets arise primariliy
out of contractual obligations. |
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