Download Understanding Intellectual Property: Patents, Trademarks, Copyrights & Trade Secrets and more Slides Law in PDF only on Docsity! Intellectual Property Docsity.com Outline This talk focuses on intellectual property – There are numerous products of the mind • Design, process, innovations, identifiers, works, look-and-feel – The relevant statutes for: • Patents of invention • Trade Marks • Copyrights • Industrial design – Common law issues with trade secrets Docsity.com Statute Law The first four are protected by various statutes: We will examine trade secrets at the end Intellectual Property Statute Patents of invention Patent Act (1985) Trade marks Trade-mark Act (1985) Copyrights Copyright Act (1985) Industrial design Industrial Design Act (1985) Docsity.com Patents of Invention The Patent Act defines an invention 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." Docsity.com Patents of Invention A patent on an invention allows the holder of the patent to use or licence others to use the invention for 20 years – The patent may be assigned (sold) to another person or business organization with registration Use of a patented invention without a licence allows the holder to sue for damages Docsity.com Copyrights The Copyright Act defines a copyright as “the rights...of a work, a performer's performance, a sound recording, or a communication signal” Copyright applies to: – Written works – Performances – Recordings – Communication signals http://www.hometheaterhifi.com/ http://www.examiner.com/ Docsity.com Copyrights They define the rights of an individual to copy their own works Valid for 50 years after the death of the author The rights are assignable, but this must be done in writing Docsity.com Copyrights Application to professional engineering: – When a professional engineer provides services to the public in the form of engineer-client, the final drawings, specifications, plans, reports or other documents remain property of the professional engineer unless otherwise specified in the contract Docsity.com Trade Secrets Trade secrets are protected by common law In 1967, Lord Denning in Seager v. Copydex Ltd. gave the following description: “A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.” Docsity.com Trade Secrets Non-disclosure agreements and employment contracts will state that the signee agrees to maintain the confidentiality of the trade secrets of the employer Courts will award damages for the disclosure of such secrets Docsity.com Trade Secrets Engineers have, in addition, an ethical responsibility to protect trade secrets: 77.3 A practitioner...shall regard as confidential information obtained...as to the business affairs, technical methods or processes of an employer... Failure to do so may result in an allegation of professional misconduct: 72(2)(b) failure to make reasonable provision for the safeguarding of...property of a person who may be affected by the work for which the practitioner is responsible 72(2)(j) conduct or an act...would reasonably be regarded by the engineering profession as disgraceful, dishonourable or unprofessional Docsity.com
