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t. e. An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common lallllw jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright.
Industrial design is a process of design applied to physical products that are to be manufactured by mass production. [1][2] It is the creative act of determining and defining a product's form and features, which takes place in advance of the manufacture or production of the product. Industrial manufacture consists of predetermined ...
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 ...
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 ...
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 ...
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.