New PDF release: An Emerging Intellectual Property Paradigm: Perspectives

By Ysolde Gendreau

ISBN-10: 1847205976

ISBN-13: 9781847205971

During this ebook, reputed specialists spotlight the specified positive aspects of Canadian highbrow estate legislations. positioned on the crossroads among felony traditions in Europe and the USA, Canada's highbrow estate legislation mix a number of components from those areas and supply leading edge ways. The chapters concentration totally on patents, logos, and copyright, protecting either ancient and modern advancements. they're designed to convey point of view to and replicate upon what has turn into in recent times a really wealthy highbrow estate surroundings.

Dealing with the attribute positive factors of Canadian highbrow estate legislation, this booklet might be of significant curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and overseas highbrow estate legislation, in addition to these excited by business estate legislation and copyright legislation.

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Sample text

These marks have generally been protected through actions in tort or delict. 8 The provincial power over ‘property and civil rights in the province’,9 which includes the power over civil causes of action, has also long been held to give provinces authority over torts and delicts generally. This would include commercial torts such as passing off, or the civil law equivalent, the delict of substitution. It also gives jurisdiction over property rights. The ambiguous relationship between trademark protection and certain commercial torts has given rise to challenges to the validity of aspects of the Trade-marks Act.

SECTION 6 TRADE-MARKS ACT – ‘CONFUSION’ The concept of ‘confusion’ and the interpretation of s. 6 governing this concept has been the pivotal provision for statutory protection of well known or famous marks. Registration may be refused for a mark confusing with another for which registration is pending (s. 37(1)(c)). In opposition, a mark is not registrable if confusing with a registered mark (ss. 38(2)(b), 12(1)(d) and 14(1)(a)). Invalidity may be found if a mark was not registrable at the date of registration by being confusing with a registered mark (ss.

The constitutionality of s. 7 of the Trade-marks Act was most recently, and perhaps most definitively, considered by the Supreme Court of Canada in Kirkbi AG v. 27 The case involved a dispute over whether the appearance of the Lego™ brick constituted an unregistered trademark in the form of a distinguishing guise. The Kirkbi Court confirmed the long held view that constitutional authority for the enactment of the Trade-marks Act flowed from s. 29 The Court described these limitations as being necessary to balance ‘the otherwise overlapping federal power over trade and commerce (s.

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An Emerging Intellectual Property Paradigm: Perspectives from Canada by Ysolde Gendreau


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