Similar to other types of property, intellectual property is a collection of rights, or “bundle of rights.” The expression of ideas is what is protected by intellectual property law, not the ideas themselves. The idea of the best mousetrap in the world, for instance, cannot be protected. Only when the mousetrap has been produced or the creation process has been documented can the inventor apply for a patent or copyright. Federal law defines each type of intellectual property protection that is covered in this chapter. Additionally, Canada has ratified international agreements that provide for the protection of intellectual property internationally. However, parties seeking to protect their intellectual property should specifically review these agreements and not assume that such protection is provided by international agreements.
Defining Copyright
The representation of words and information in unique literary, musical, dramatic, and artistic works is protected by copyright; these works must be in written form or performed, recorded, or transmitted by a medium like radio or television. Dramatic works include films, radio, television, and live performances, whereas literary works include computer programs and printed literature. As was previously mentioned, the concepts behind these works are not protected, making it legal for anybody to use new words to express the same ideas without violating copyright.
An author must ensure that the work is original, timeless, and created using their own labor or talent in order to be granted copyright protection. It must also be published, which entails distributing copies to the general public. The work must also fit into one of the aforementioned categories. Registration is not necessary for copyright protection. Books, screenplays for movies, and music are the principal types of works that are registered as copyrighted in Ottawa. The sign © or the term copyright followed by the author’s name and the publication year must be included in the work for the author to receive international copyright protection.
Publication, reproduction, performance, exhibition, translation, dissemination, and permission of such uses are the main economic rights that copyright protection provides. The original author is presumed to be the copyright owner under the Copyright Act, however this assumption may not be accurate for commissioned engravings, pictures, or portraits, as well as for work produced while an employee. Copyrightable content contracts should always state who owns what rights and under what circumstances.
Moral Rights
A writer also has moral rights over a piece of work. Moral rights defend a work’s aesthetic integrity, such as the way a painting is displayed. Although this right cannot be transferred to another person, it can be waived. The right to forbid alterations, mutilations, and modifications as well as the right to stop others from claiming authorship are examples of moral rights. The scope of copyright protection is limited. Only those rights listed in the Act are safeguarded. After the conclusion of the calendar year in which the author or the last living author passes away, copyright is protected for a period of 50 years. Plans that a professional created for a client typically belong to that professional. However, a contract will typically outline this ownership. The employer often retains the copyright to any plans made by an employee while they are on the job. Copyright and ownership concerns should be addressed in employment or work contracts.
Patents
Inventions are defined as “any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter” and are protected by patents under the Patent Act.
An invention must meet three criteria in order to be eligible for patent protection: it must be new, meaning it is not widely known to the public; it must be useful, meaning it must have a commercial application and actually accomplish what it claims to accomplish; and it must be inventive. The procedure for filing a patent with the Ottawa patent office is much more complicated, time-consuming, and expensive than the procedure for filing a copyright. A few businesses choose to keep their otherwise patentable inventions as trade secrets in light of these factors.
The exclusive right to create, market, and use the invention is the main right that is safeguarded. In exchange, the invention must be sufficiently described for others to be able to make it after the protection period has passed. This means that before submitting a patent application, a person or organisation must take important steps to shield a patentable invention from public disclosure. The employer is presumed to be the owner of all intellectual property rights in an invention created while the employee was working there.
Trademark
Trademark laws protect logos that are used to differentiate products and services. They can also cover designs, but they are most frequently used to protect names connected to goods, services, or goods and services. A trademark that has been registered grants its owner the sole right to use it in connection with particular products and/or services.
Industrial Design
The Industrial Design Act safeguards the general appearance, configuration, and shape of mass-produced goods. The Act protects a variety of objects, such as furniture, toys, home goods, and automobiles. Designs must be fresh and unique, yet they cannot be solely functional. The form, arrangement, or overall appearance must have an aesthetic function.