Skip to content

Download An Emerging Intellectual Property Paradigm: Perspectives by Ysolde Gendreau PDF

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.

Show description

Read or Download An Emerging Intellectual Property Paradigm: Perspectives from Canada PDF

Similar intellectual property books

Who Owns Culture?: Appropriation and Authenticity in American Law

Americans are cultural copycats. White suburban youths practice rap song, ny style designers ransack the world’s closets for concept, and Euro-American authors undertake the voice of a geisha or shaman. The possession of those paintings varieties, although, is still contested. Do they belong to the group that initially generated them, or to the tradition that has absorbed them?

World Intellectual Property Organization (WIPO): Resurgence and the Development Agenda Global Institutions

Overlaying the area highbrow estate association, this quantity introduces a miles neglected component to the modern constitution of world governance to students of foreign political economic climate. Christopher may well discusses: how the realm highbrow estate association works, its antecedents and heritage the debates concerning the position and justification of highbrow estate the function of WIPO inside of modern international politics the most important parts of its family members with the area alternate association the contract on exchange comparable facets of highbrow estate Rights.

The Regulation of Cyberspace: Control in the Online Environment (Glasshouse)

Interpreting the advance and layout of regulatory buildings within the on-line atmosphere, The legislation of our on-line world considers present practices and indicates a regulatory version that recognizes its complexity and the way it may be utilized by regulators to supply a extra entire regulatory constitution for our on-line world.

Winning the Patent Damages Case: A Litigator's Guide to Economic Models and Other Damage Strategies

Profitable the Patent Damages Case, via Richard F. Cauley, is a consultant for patent litigators and in-house information who're both contemplating an motion for patent infringement or who're dealing with the spectre of a long, pricey litigation. It bargains readers an analytical framework for choosing the most probably damages award in a patent case, that is severe to the choice of even if to settle the case and for a way a lot.

Additional resources for An Emerging Intellectual Property Paradigm: Perspectives from Canada

Sample text

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.

Download PDF sample

Rated 4.12 of 5 – based on 6 votes