By Ysolde Gendreau
During this ebook, reputed specialists spotlight the distinct good points of Canadian highbrow estate legislations. located on the crossroads among felony traditions in Europe and the USA, Canada's highbrow estate legislation combination numerous components from those areas and supply cutting edge techniques. The chapters concentration totally on patents, logos, and copyright, masking either ancient and modern advancements. they're designed to carry viewpoint to and mirror upon what has develop into in recent times a really wealthy highbrow estate atmosphere.
Dealing with the attribute good points of Canadian highbrow estate legislations, this publication might be of significant curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and foreign highbrow estate legislations, in addition to these involved in commercial estate legislations and copyright legislations.
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Additional resources for An Emerging Intellectual Property Paradigm: Perspectives from Canada
Ibid. at 315. The challenge of trademark law 15 draws into the picture another particular feature of the Canadian legal system: its bijural nature. 59 Over time, English law came to heavily influence administrative law, civil procedure and the structure of the courts, leaving Quebec with a hybrid or ‘mixed’ system of laws. The other provinces of Canada received English law, and their private law was the received English common law and equity. In this sense, therefore, the bijural nature of Canada’s legal system is predominantly evident in Quebec, where the private law remains based in the civil law tradition, yet is interpreted and applied within a procedural context heavily influenced by the common law.
Nevertheless, the court found that the conduct fell within the language of art. 1053 of the Civil Code of Lower Canada (now replaced by art. 1457 of the Civil Code of Quebec). The court characterized it as a form of unfair competition. Canada’s mixed system of law supposes to some extent that there is a crosspollination of principles and ideas between one legal tradition and the other. Yet such cross-fertilization depends to a large extent on the mutual accessibility of legal authorities, be they case law or doctrine, to practitioners in both traditions.
An issue regarding the constitutionality of s. 9 was raised, and quickly dismissed, in Canadian Olympic Association v. Konica Canada Inc. R. ). 15 Richard, supra note 13. 16 Bereskin, supra note 12 at 238. 17 Ibid. at 240–42. It is worth noting that for registrations of trademarks under s. 12(2) and s. 13 of the Act, which depend upon acquired distinctiveness of the mark, the Registrar may restrict the registration of a mark to those geographical areas of Canada in which the mark has acquired distinctiveness.