Question
You must answer the following questions, use your own wording, on the intellectual property issues relating to the sale of your Product. Choose Product: Barbie
You must answer the following questions, use your own wording, on the intellectual property issues relating to the sale of your Product.
Choose Product: Barbie Doll
- Introduction:
- Describe your product [Note: you must choose one specific product, rather than an entire product line]; and
- Select one of the following countries as a potential export market. (no marks, no explanations required)
- England
- Mexico
- Australia
- Discuss and describe:
- Examples of two different types of intellectual property related to your specific Product; and
- For each example of intellectual property, identify the IP right or protection that would apply (e.g. patent, trademark etc.)
NOTE: you do not need to determine what intellectual property the company has actually registered; instead, think about the intellectual property that could be protected in connection with the product.
For example, if I were exporting Canadian pickles, I would want to protect my unique pickling process. This could be done through patent or trade secrets.
- How will you protect the intellectual property rights discussed in Question 2? Describe the legal processes or steps you should take to protect or enforce the specific intellectual property rights of your Product referred to in Question 2. What legislation applies? You must identify relevant intellectual property legislation and provide working links to the legislation in your answer.Discuss your strategy as it applies in:
a) Canada and
b) your chosen export market
NOTE: You will need to conduct research to answer this question.
For example, how would I obtain patent protection for my pickling process in Canada and in my chosen export market? My answer for part (a) would identify the applicable Canadian statute, provide a link to the text of the statute, and briefly describe the process for obtaining patent protection in Canada.
- What intellectual property law problems or issues could you encounter in your chosen export market?
NOTE:You will need to conduct research to answer this question.
For example, if I want to obtain a patent in Narnia, do I need to have a local office? Do I need to have my application translated into a different language? Are patent infringement claims taken seriously in Narnia?
- What other (practical) steps (beyond the legal processes that you have described in question 3) could you take to ensure that your intellectual property rights are protected in Canada and in your chosen export market?
For example, I might not want to disclose my pickling process to my distributor in Narnia, to reduce the chances of them using the process to make their own pickles.
- If you worked in product development for your company, is there anything you could change to make this a new or better product, or sell it in a new market? If so, how could you use intellectual property law to protect the uniqueness of your new idea or product?
For example, would you take the pickle recipe and make pickled beets? What would you call them? How would you protect the name, recipe or process? Or would you make a specialty line of pickles for the restaurant industry?
You will be graded on clarity of expression, overall organization, grammar and punctuation, and the unified nature of your report.Note that this is a group assignmentthis means that you must work together to produce a consistent and unified report.
Your report should not be longer than fifteen hundred words.
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