Who is entitled to patent and
copyright protection when an
employee or consultant develops
the material?
What federal statute protects
computer software?
Explain what a patent protects,
how patent protection is obtained
and how long that patent
protection lasts.
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Copyright protects the expression of the idea, not the idea itself
Patent protects the invention, however it is expressed or whatever
form it takes
Copyright : 50 years
Patent: 20 years
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The Copyright Act protects the computer software
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The process is complex and expensive is usually handled by
registered patent agents
They make a search of the patent registries in Canada at the Patent
Office and similar registries in other countries to see if a similar
patent has been granted
They submit an application on a specific form in which they set out
full disclosure with respect to the invention
They send along the required documentation and a fee
Period of protection: 20 years
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What qualifications must an
invention meet in order to qualify
for patent protection? What will
not qualify?
Explain a passing-off action
Explain what the Trade-marks Act
protects; how is that protection
obtained, and how long it last.
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It must be a new and useful art, process, machine, manufacture, or
composition of matter
Must contribute in some way to improving our society
It must not have been the subject of prior publication more than one
year prior to the application
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When on business does something that will confuse the public into
thinking that it is dealing with another business, that another
business can sue in common law by way of passing-off action
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An unregistered trademark is entitled to protection at common law,
but for a trademark to be protected formally under Trade-marks Act,
it must be registered
This registration takes place at the Office of Registrar of Trade-Marks
that is part of the Canadian Intellectual Property Office
It prevents others from using the same or similar mark that would
have the effect of confusing the public and leading it to believe it
was dealing with the original
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Distinguish between an injunction, Anton Pillar Order - this is an interim court order whereby the
an Anton Piller order, damages,
offending products or records are seized before they can destroy or
and an accounting
removed. To be effective, this must be done without notice to the
offending party
Accounting – when a court orders that any profits made from
wrongdoing be paid over to the victim
Injunction - order to stop offending conduct
Damages - Statutory and Monetary damages
Explain how a business can ensure
that their employees are not
involved in any illegal or other
inappropriate activity with respect
to computers, the internet, and
voice mail
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The employer may have mechanisms in place to digitally monitor the
employees’ use of company equipment.
It is important to make sure the employees aware of the various
monitoring activities that are employed
Educate all employees upon their hire-and at periodic intervals
during their employment-that their phone calls, computer usage,
and other employment activities are the subject of monitoring