• Originality(must oroginate with author, must not be copied, author must use skill discretion etc)
• Fixation
• Nationality of creator and place of publication

• Literary, dramatic, musical and artistic works, sound reproduction, live performance, compliattions, neighbouring rights

• author: person who first expresses the work in tangible form
• Life of author plus 50 years

• economic rights:reproduction, public performance, publication, making available, adaptation, translation, abridgement, noveluzation, dramatization, telecommunication to public, authorization
• moral rights: paternity/attribution, integrity, association

• violated by: plagarism, piracy, bootlegging, counterfeiting
• Civil remedy: injunctions, damages, accounting or profits, delivery up
• Criminal remedy

• sector specific reforms:performers, photographers, enabling rights, time shifting and format shifting, making available right, mash-up exception, educators, librarians
• compromise provisions: fair dealing, notice and notice, noncommercial fines
• no- compromise digital lock rules: no fair dealing exception, penalties severe

• a mark which distinguishes the product or services of one trade from those of another, specifically by indicating the source or origin of the trader's goods or services
• lasts 15 years
• renewable infinitely(provided that it's still a trademark)

• 1. a "mark": any sign or combination of signs; personal names, designs, letters etc
• 2. Distinctive or capable of becoming distinctive: trademark has to distinguish products from each other, has to be located on the good, on the packaging, or at the point of purchase
• "used" as a trademark

• 1. word: IBM, Xerox, Oasis
• 2. a phrase or slogan: Mr. Christie you make good cookies
• 3. a logo or design: Mcdonalds arches, mac apple, nike swoosh
• 4. a distinctive shape: ipod shape

• mark stated or depicted
• exact mark must be used
• Must articulate the specific wares or services
• Basis for title
• Date of first use
• who proposes to use the mark
• standards for certification marks
• entitles to use statement
• address in Canada

• 1. Exclusive right to use trademark
• 2. Right to be free of use of confusingly similar marks
• 3. Right to be free of use that will depreciate the goodwill
• 4. Right to authorize

• "goodwill": positive association that attracts customers towards its owner's wares or services rather than those of its competitors
• 1. Someone else is using the trademark
• 2. Use has to be to distinguish wares in the marketplace
• 3. has to threaten the goodwill of the good or service- a reduction in esteem in same market of consumers

• 1.first to use the mark in Canada
• 2. first to make it known in Canada
• 3. The first to file

• 1. Injunctions: Can prevent the infinging trademark use
• 2. Damages:to put you in the position you would have been without the infringement
• 3. Accounting for profits: you not only get your profits but their profits as well
• 4. Delivery up

• 1. Any defect in registration
• 2. Any adverse change in distinctiveness
• 3. Loss of distinctiveness
• 4. Failure to use
• 5. Failure to bring action within limitation period

• 1. state the application is for a sound mark
• 2. Contain a drawing that graphically represents the sound
• 3. contain a description of the sound
• 4. Contain an electronic recording of the sound

• seek to protect the discovery and invention of scientific and technological knowledge
• patents were made to improve industry
• Canadian patent act modeled on American legislation
• patent office established in 1906
• Limited form of property right no common law governing patents
• dynamic relationship between inventions and patents

• a monopoly property right granted to an inventor for an invention
• Invention: any new and useful art, process, machine, manufacture or compostion of mater, or any useful improvement to those(s.2 Patent Act)
• Valid for 20 years

• New: cannot be something that is already in active use or something that is already known; cannot be made public before patent application
• 2. Non-obvious: has to be non obvious to someone trained in the particular field the invention is in
• 3. Useful: More requirement for industrial or commericial application, will it lead to greater productivity in industry, or will it sell in the marketplace
• 4. Fully described in the application: standrad is would someone trained in the field be able to reproduce what it is that you are patenting; if not it is not adequately described. There does not have to be any percieved benefit to the patent(patenting a virus), can patent something that is illegal(human cloning)

• the inventor holds the rights
• Person who first independlently thought of the invention and objectively manifested it 
• co-invention
• Employment

• Injunctions 
• Damages
• Accounting for profits
• Delivery up

• specifies ways in which technics can intensify and multiply force and forms of vitality by ordering it as an economy, a calculable and hierarchical system of value

• 1. distinguishes a product in the marketplace
• 2. implies or constructs a particular imagge of the consumer of that designed object

• features of shape, pattern or ornament,(or by any combination of those) applied to a finished article made by hand, tool, or machine and which appeal to or are judges solely by the eye
• success of manufactured products in marketplace related to their design elements. Manufacturers invest time, labour, money into design features. Want to support a robust marketplace
• have to register under Industrial Design Act

• register under industrial design act
• no time limit if not made public, otherwise file within 12 months
• much simpler than patent regime
• Application is processed, examined and then if successful, registered
• first to file
• prior to 51 copies protected under copyright
• after 51, mass produced, has to be under industrial design act
• tends to be a less technical area than copyrights or patents
• TERM: 10 years, not renewable

• "Proprietor" must register
• Author defined as first proprietor
• can have joint proprietorship
• Rights are assignable

• Injunctions
• Damages
• Accounting for profits
• Delivery up
• same as all other ip

• " designates not onlty the celebrity's visual likeness, but rather all elements of the complex constellation of visual, verbal, and aural signs that circulate in society and constitute celebrities' recognition value

• 1. stars deserve to be considered authors of theor persona
• 2. The persona becomes property( Locke)
• 3. stars who have laboured on themselves should be the sole owners of that property

Krouse v Chrysler Canada(1973)

• Emergence of the Right of Publicity in Canada
• "the common law does not contemplate a concept in the lae of torts which may broadly be classified as an appropriation of one's personality"

• 1. Nonrecognition of the industrial apparatus of fame production
• 2. Problems with claim that granting monopoly rights produces more/better cultural activity
• 3. Increasing division of cultural public sphere into private property
• 4. The stifiling of polysemy
• 5. Consumer protection a dated argument

• a trade secret is a formula, pattern, compilation, devie, process, code, or data that is specific to its owner, that provides a business advantage over a competitor, and is kept secret or confidential
• TERM: Forever

• thought neccessary to the entrepreneurship that is at the heart of a healthy competitive market
• "like intellectual property" and therefire should be protected for the same reasons- the moral justification of giving someone the fruits of their labour, more knowledge is better than less
• recognizes and reinforces commercial standards of good faith and fair dealing

• a breach of confidence action requires:
• 1. Information has the neccessary quality of confidence about it
• 2. Communicate in certain circumstances where an obligation was created
• 3. Misused to the detriment of he disclosing party

• the individual or business that produces the information and protects it
• you ca do what you wish with the trade secret
• if you do anything to disrupt its secrect then you risk losing the right to protect it or seek remedies

• Disneyfication: the application of simplified, aesthetic, intellectual or moral standards to a thing that has the potential for more complex and thought provoking expression
• commerce valued more than are in the American legal system; copyrights protected for only a limited time, trademarks are perpetual
• copyright protects authors, trademark portects products and the marks attached to those products

• commodity fetishism:when all traces of production are erased from the object produced
• consumerism: when you don't think about what has gone into making the product, or who has made the product, you consume the luxury product anyways
• tasteprint:starbucks "master roasters" create a desired flavourful bew by combining various different coffee beans from around the world 

• scan: quickly glancing at a product which conveys a host of brand attributes to the consumer
• observation transcends borders, cultures, and language barriers
• smashability: successful brands can be "smashed" but can still be recognizable from their pieces(e.x recognition by colour)

• Non- Traditional Trademarks: sound, scent or colour trademarks, capable of distiguishing the goods or services of one undertaking from the good or services of another
• difficult to determine whether a frangrance is indicative of source or whether the consumer would be able to distinguish goods based on their respective scents