Intellectual Property Law (Canada) — JD Academic Unit
Study content for Intellectual Property Law (Canada) — JD Academic Unit: notes, practice MCQs and flashcards across 7 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.
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Syllabus
- Copyright LawTopic
Copyrightable subject matter & originality threshold (CCH Canadian standard) · Rights of copyright owners (reproduction, communication, moral rights) · Users' rights & fair dealing (CCH Canadian, Bell Canada v SOCAN)
- Patent LawTopic
Patentable subject matter (utility, novelty, non-obviousness) · Patent application & prosecution at CIPO · Claims construction
- Trademark LawTopic
Distinctiveness & registrability · Trademark use & registration (Trademarks Act 2019 amendments) · Confusion test (Mattel, Veuve Clicquot)
- Industrial DesignTopic
Registration requirements under Industrial Design Act · Scope of protection; overlap with copyright & patent
- Breach of Confidence / Trade SecretsTopic
Elements of breach of confidence (information, obligation, unauthorised use) · Trade secret protection (provincial; no federal statute)
- Theoretical & Policy FoundationsTopic
Justifications for IP rights (Lockean, utilitarian, personality theories) · IP & freedom of expression tensions · IP & competition law interface
- International IP LawTopic
TRIPS Agreement obligations · Berne Convention (copyright) · Paris Convention (patents, trademarks)
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Flashcards
Unlock all 24 with Pro →- CCH Canadian Ltd v Law Society of Upper Canada
What is the Canadian originality standard for copyright?
2004 SCC 13 - CCH Canadian Ltd v Law Society of Upper Canada
What is fair dealing in Canadian copyright law?
2004 SCC 13 - Tele-Direct (Publications) Inc v American Business Information Inc
Can factual compilations (e.g., directories) be copyrighted?
[1998] 1 S.C.R. 147
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