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Technology commercialization starts with the invention or creation of something marketable — a new device, a tool, an algorithm, a software application.
Before you start to commercialize it, one of the first questions is: To the contrary, there is a presumption under Canadian law that an employee is the owner of his or her inventions, unless there is an express contract to the contrary, or the person was employed for the express purpose of inventing or innovating. The case of Techform Products Ltd. When they see that another company has become independently successful, they pounce, alleging patent infringement and millions of dollars in damages.
Sophisticated software can search the internet for instances that might qualify as copyright infringement. Righthaven has since filed over copyright infringement lawsuits in the US. The approach seems to be gaining traction: In Canadian news, proposed Copyright Reform legislation Bill C is headed back to committee , as Parliament resumes for the fall. If the progress of legislation is not halted again by an election, then the committee deliberations promise to be contentious as each party jockeys for position on the politics of copyright.
The main legal question — which has not yet been settled in court — is who has responsibility for the infringement? Copyright owners have launched litigation against Apple for example, the Australian production company Jigsaw Entertainment has made noises about a lawsuit against Apple; photographer Louie Psihoyos has sued Apple in the US for copyright infringement arising out of an iPhone app , and largely left the developers out of their cross-hairs. Be aware of the scope of your liability with Apple, and review the agreements with your own customers.
Take care when collecting content for your app. Original or properly-licensed content will reduce risks of future copyright issues. If content is being used without authorization, get advice on the options you have for remedies under the Copyright Act. Click here to listen the audio clip of the Yahoo yodel. The practice of the Canadian Intellectual Property Office CIPO has been to consistently refuse applications for sounds marks due to the procedural requirement that marks be visual in nature.
Germain , 16 C. Is it finally time to permit sound marks in Canada? CIPO is considering some non-traditional marks — such as holograms — that can be depicted visually. Registering Sound as a Trade-mark. For Canadian software companies who license their software in the US, this decision will be encouraging Vernor v. Timothy Vernor purchased several used copies of Autodesk, Inc. Vernor never installed the software or agreed to the terms of the software license. This is because the court found that Autodesk had not sold copies but merely licensed copies of the copyrighted work.
Since when are bow ties a patent issue? Since the patents have expired but are still marked on the product, the company is technically open to a false-marking claim, and the appeals court in the U.
In our earlier post Patent Marking: We also note that earlier this year, in the US decision in Pequignot v. In the Solo Cup case, the company was successful in rebutting the presumption by gathering evidence of its decision-making process, and convincing the court that its intent was to minimize manufacturing costs, not to deceive the public.
This is an important consideration in assessing tactics in the midst of patent litigation. Copyright Trolls September 27th, Category: Calgary MT 1 comment. Time for Sound Marks in Canada? September 17th, Category: Business Issues , General , Trade-marks.
Registering Sound as a Trade-mark Calgary — Autodesk September 14th, Category: Is it copyright infringement to re-sell a used copy of software? Update on Patent Strategy September 07th, Category: