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According to industrial property Act 2001, an industrial design is defined as "any composition of lines or colours or any three-dimensional form whether or not associated with lines or colours, provided that such composition or form gives a special appearance to a product of industry or handicraft and can serve as pattern for a product of industry or handicraft" .
The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...
The protection of industrial design rights is required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS, Arts. 25 & 26), to which the European Union is a party. [3] The Regulation on Community designs provides for the recognition of the priority date of an application for design right registration in a country ...
The Designs Act recognises two types of infringement: primary and secondary infringement. A primary infringement relates to s71 (1) (a), where a person directs, causes or procures the product to be made by a third party. [6] Secondary infringement relate to ss 71 (1) (b), (c), (d), (e), where a person infringes a registered design if there is ...
Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. [1] Creators of intellectual property gain rights either by statute or by the common law. [1] Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at ...
Canadian law. The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921.
The following outline is provided as an overview of and topical guide to intellectual property: Intellectual property – intangible assets such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents ...
The copyright law of the United States grants monopoly protection for "original works of authorship". [1][2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly.