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

By Ysolde Gendreau

During this booklet, reputed specialists spotlight the distinctive beneficial properties of Canadian highbrow estate legislations. located on the crossroads among felony traditions in Europe and the USA, Canada's highbrow estate legislation combination a number of parts from those areas and supply cutting edge techniques. The chapters concentration totally on patents, logos, and copyright, protecting either historic and modern advancements. they're designed to deliver standpoint to and replicate upon what has develop into in recent times a truly wealthy highbrow estate surroundings.

Dealing with the attribute gains of Canadian highbrow estate legislations, this ebook could be of significant curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and foreign highbrow estate legislation, in addition to these taken with commercial estate legislations and copyright legislation.

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27 Supra note 1. 28 Ibid. at para. 15. 29 Ibid. 30 Ibid. 31 The Court noted that while the constitutionality of particular provisions of the Act had been challenged in the past, the constitutionality of the Act as a whole had never been conclusively determined. Because of the framework of analysis adopted by the Court in Kirkbi, it incorporated into its consideration of the validity of para. 7(b) an assessment of the constitutionality of the Act as a whole. The Court stated that ‘if s. 7(b) is sufficiently integrated into the scheme of the Trade-marks Act as a whole’32, then it will be constitutionally valid notwithstanding the fact that it encroaches on provincial powers over property and civil rights.

8 (Montreal: Wilson & Lafleur, 1949) at 186. 77 Goudreau, supra note 60 at 148. 78 Ibid. at 150. 79 Nadeau, supra note 76 at 187. 80 Note that the requirement for the plaintiff to show harm is emphasized again by Nadeau, supra note 76 at 189. 81 Goudreau, supra note 60 at 154. The challenge of trademark law 19 approach is consistent with common law approaches to passing off and, following the Supreme Court of Canada’s decisions in Ciba-Geigy and most recently Kirkbi, it is difficult to maintain that there are significant differences between the two actions.

23. R. 641. Kirkbi, supra note 5 at para. 26. Ibid. at para. 27. 36 Justice LeBel noted that many provisions of the Trade-marks Act addressed unregistered marks. 38 The Court therefore concluded that a scheme governing both registered and unregistered marks was legitimately within federal jurisdiction over trade and commerce. The final stage in their analysis was to consider the extent to which the impugned provision was integrated into the Act. Justice LeBel found that para. 7(b) intruded only minimally into provincial jurisdiction.

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