LAW 201 Chapter Notes - Chapter 1: Canadian Patent Law, World Trade Organization, Natural Justice
Document Summary
Common features of intellectual property law: territoriality. Ip rights are, in one sense, international; in another they are strongly territorial. If individuals use canada as a base to commit mass criminal infringements abroad, they may face extradition: international treaties. Interaction of ip and private international law is in constant flux. Internet uploads and downloads that occur in canada may attract. Canadian liability if the wording of the relevant ip statute aptly covers them and if a real and substantial connection with canada can be shown: foreign judgements for infringement or cybersquatting against. Ip rights are intangible and distinct from the property rights in the tangible object to which they relate: ip rights and physical property: Ip rights are intangible: no positive right to owners to do anything, the sole rights only lets me exclude others from copying or otherwise exploiting my work. Copyright act are categorically different from copyrights historically and so might not qualify constitutionally as copyrights .
