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Copyright & Patents/Questions Answered by Expert Nyall Engfield

SubjectDate Asked
Naming a Small Business2/25/2011
  Q: Good Afternoon, I am in the process of setting up a small business and have selected a name for ...
  A: The other company may have a trade-mark registration on its name, which would appear on CIPO's ...
Comic references7/4/2010
  Q: Hey, i am currently writing a comic but am not sure if i am violating laws in doing so. I wish to ...
  A: In Canada, there is an exemption from copyright for criticism or review (such as a parody), however ...
Copyright5/11/2010
  Q: I have a question regarding EDITORIAL copyright and the use of photographs that show/have ...
  A: In Canada, you may use a copyrighted photograph under s.29.2 of the Copyright Act for news reporting ...
Copying Text From Books I Own for Personal Use4/27/2010
  Q: I have loads of books! I'm trying to reduce my collection so that when I pass away, my relatives ...
  A: As I am a Canadian lawyer, I can only advise on Canadian copyright law, but it may be substantially ...
Trademark?3/17/2010
  Q: I can't find anyone who fits to my question, but you seem like the right type. I am starting an ...
  A: A trade-mark registration only protects the mark in that country or region (for Europe). If you want ...
Intellectual Property3/2/2010
  Q: If writing a guide about a published game, does the rights owner of the game have any intellectual ...
  A: Copyright protects the computer code that makes up the game, the characters in the game, and the ...
Online Manuals and liability2/2/2010
  Q: I want to add to a manual on a 3D software program on Wikibooks. What, if any are the legal risks ...
  A: Typically, when you provide materials to a Wiki-site, the copyright is under a commons license, and ...
Video Game1/13/2010
  Q: Sir, I am developing a video game, and I have a question regarding copyright issues. I want to use ...
  A: There is copyright protection in any of the images from the Matrix, and there may be a patent on ...
Karaoke Copyright Law12/14/2009
  Q: I am thinking of starting an online business focused on producing and selling backing tracks of ...
  A: Alex, You would need a license from the copyright owner (generally SOCAN in Canada) in order to ...
Model plane construction11/17/2009
  Q: Model airplanes are build sometimes as two halves, left and right joined together. An example is a ...
  A: Whether or not the invention is obvious would depend on the viewpoint of someone skilled in the art ...
where do I go from here.9/3/2009
  Q: I am a fellow who likes to think of himself as an inventor. I would like to know if the ideas I have ...
  A: James, You can try to draft your own patent in order to protect your ideas with little cost. Try ...
copyright/patent8/23/2009
  Q: I have a specialty salad that is not being sold in any grocery presently. Can I put a patent or ...
  A: Yes, you can copyright a recipe. In that case, you are protecting the list of ingredients, however, ...
patent or copyright?8/16/2009
  Q: I have authored a children's book which is to be copyrighted BUT I also designed a stuffed toy of ...
  A: The expression contained in the children's book would automatically come under copyright so long as ...
Copyrights for design in photography8/3/2009
  Q: I am a professionnal photographer doing mostly commercial work. We frequently use small pieces of ...
  A: If an article is made in quantities of 50 or more (such as may be the case for commercially-produced ...
Canadian patent application based on U.S. priority7/20/2009
  Q: I have a patent pending here in the US. I am looking to file a patent in Canada. Is this something ...
  A: An application filed with the Patent Office is not disclosed by the office until it is published, ...
Canadian patent application based on U.S. priority7/19/2009
  Q: I have a patent pending here in the US. I am looking to file a patent in Canada. Is this something ...
  A: So long as the filing in Canada is within one year of the filing date of the originating application ...
protecting fashion designs4/13/2009
  Q: there are many fabrics available to purchase but they don't have the designs that i would like so ...
  A: In Canada, fashion designs are typically protected, in the sketch or drawing stage, by copyright, ...
card game3/11/2009
  Q: I have invented a card game which includes only the invented cards and the rules. To protect the ...
  A: Copyright would protect the expression contained in the cards - specifically, what is printed on ...
Music Label Copyrights12/11/2008
  Q: How do own copyright to my record label?
  A: A performer (the musician in this case) has copyright in the performer's performance (the music that ...
Copyright11/27/2008
  Q: Shannon, We recently purchased in an auction a huge set of photo slides - images taken in the '60s ...
  A: The author of the work, in this case the photographer, would have copyright in the photographs, for ...
Patents11/4/2008
  Q: How do I get a patent? How much do they cost? How long does it take for a patent to clear?
  A: In order to receive a patent for an invention in Canada, you need an idea for an invention that is ...

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Nyall Engfield

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Expertise

Expertise in Canadian Patent law

Experience

Patent lawyer in Ottawa, involved in drafting patents, prosecution before Patent Office, and litigation Please see my bio at http://www.andrewsrobichaud.com/Nyall_Engfield.htm

Organizations
CCLA, CBA (Ontario Chapter), Law Society of Upper Canada

Publications
University of Ottawa Law and Technology Journal OBA Privacy Law Review: Eye on Privacy Porter Hétu International

Education/Credentials
B.ASc - University of Waterloo LL.B. - University of Calgary

Awards and Honors
received Felesky Flynn tax award in 2nd year of law school

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