Intellectual Property Law
Professor Siebrasse
Administrative
Text
•	3 Volumes In-House Case-book
•	Vol 1 – Copyright
•	Vol 2 – Patent
•	Vol 3 – Trade-marks
•	No Statutory Supplement
Evaluation
•	100% open-book final examination during the regularly scheduled examination period
•	Open-book
•	As per University regulations
•	Computers and similar electronic aids are not permitted
•	No library materials
Administrative
•	The text of these slides is available on-line
•	http://law.unb.ca/Siebrasse/IP/IP.htm
•	E-mail will be used as a regular means of communication for course purposes
•	Notice of cancelled classes etc
Class Cancellations
•	No classes will be held on the following dates:
•	October 8
•	Week of Nov 2 (Nov 3 & 5)
Course Overview
What is Intellectual Property Law?
•	The “big three”
•	Copyright
•	Patent
•	Trade-marks
•	(Trade marks in the UK, trademarks in the US)
Copyright
•	Copyright Act 
•	Federal jurisdiction, expressly: 91(23)
•	Copyright protects against copying
•	Independent creation is a defence
•	Very long term of protection 
•	Life of author +50 years (+ 70 in the US & UK)
Copyright
•	Almost any kind of expression
•	Protection arises automatically on creation of the work
•	Ideas are not protected
•	Defining the “idea/expression” dichotomy is the main theme of this course
Patent
•	Patent Act
•	Federal jurisdiction, expressly: 91(22)
•	Protects inventions
•	New
•	Useful
•	Not obvious
•	Patentable subject matter
•	Short term of protection – 20 years from filing
Patent
•	It is possible to protect “ideas” which cannot be protected by copyright
•	Monopoly protection
•	Independent creation is not a defence
Trade-marks
•	Trade-marks protect a product brand
•	Not the product itself
•	Different from copyright and patent
•	Trade-mark law does not prevent any use of the mark
•	E.g. “I own a Honda”
Trade-marks
•	Confusing uses are prohibited
•	Counterfeits
•	Grey market?
•	Protects an association between a mark and a product
•	Permits consumers to purchase based on reputation
•	Prevents consumer confusion
Trade-marks
•	Trade-marks may be registered or unregistered
•	Common law of “passing off”
•	No registration required
•	Trade-marks Act
•	Federal under Trade & Commerce power
•	Protects registered marks primarily
•	Common law also codified
Trade-marks
•	Indefinite term of protection
•	15 years, renewable, so long as the mark continues to be used, under the Act
•	Indefinite, so long as reputation subsists, at common law
Trade-marks: Controversy
•	Comparative advertising 
•	Google Ad Words / Revlon v Clairol
•	Copy-cat products
•	L’Oreal v Bellure
Trade-marks: Controversy
•	New markets 
•	Bud Lime v Red Baron Lime
•	Non-confusing trading
•	McDonald’s v McCurry
•	Grey markets
Other Areas of IP Law
Trade-secrets
•	Common law
•	Primarily contract
•	Alternative means of protecting industrial processes or confidential information
Industrial Design Act (Federal)
•	Decorative patterns on mass manufactured goods
•	Very similar to copyright except shorter term
Data protection
•	At one time copyright applied to data, but recent court decisions in Canada and the US have reversed this
•	EU has statutory database protection which gives copyright-style protection to data
•	Misappropriation
•	General common law remedy for taking works of information
•	Mainly developed in the US and very limited even there
Plant Breeders Rights Act (Federal)
•	Monopoly over new varieties of plants
•	Protects new plant varieties developed through traditional hybridizing
•	How are new plants developed through genetic modification to be protected?
•	Eg GM herbicide resistant canola
Domain names
•	Private contractual right enforced by private arbitration
•	Governed by ICANN Uniform Domain-Name Dispute-Resolution Policy
•	Prohibits cybersquatting (acquiring name for sale)
•	Registration of name confusing with someone else’s trade mark
Dilution
•	Protection of ‘brand equity’ in famous marks
•	Prevents all uses as a mark, not just confusing uses
•	Eg ‘Pink Panther Beauty Salon’
•	US state level ‘anti-dilution’ statutes
•	US Federal Trademark Dilution Act of 1995
•	Canada Section 22 TMA
ISP liability for infringing material
•	Canada / UK this is dealt with by contributory infringement doctrine
•	US Digital Millenium Copyright Act
•	‘Safe harbour’ notice and take-down
•	Anti-circumvention of copyright protection
•	Anti-trafficking in circumvention devices
Rights Related to the Individual

•	Publicity Rights
•	Protection of Personality
•	Privacy 
Miscellaneous
•	Integrated Circuit Topography Act (Federal)
•	Chip designs

Electronic Commerce
•	E-Commerce Act
•	Intended to facilitate electronic contracting
•	Eg validates electronic signatures
•	Electronic Sale of Goods
•	UCC Art  2B
•	Electronic Trespass 
•	Spidering:  eBay, Inc, v Bidder's Edge, Inc
•	Spamming: Intel Corp v Hamidi
•	Anti-Spam Legislation
•	Privacy legislation
Course Coverage
•	This course covers only core substantive areas of copyright, patents, trade-marks (perhaps dilution)
•	No remedies
•	No procedure
•	Few specialized topics