New PDF release: An Emerging Intellectual Property Paradigm: Perspectives

By Ysolde Gendreau

ISBN-10: 1847205976

ISBN-13: 9781847205971

During this e-book, reputed specialists spotlight the distinctive gains of Canadian highbrow estate legislation. positioned on the crossroads among felony traditions in Europe and the USA, Canada's highbrow estate legislation mixture numerous components from those areas and provide cutting edge techniques. The chapters concentration totally on patents, logos, and copyright, masking either historic and modern advancements. they're designed to carry viewpoint to and replicate upon what has turn into lately a really wealthy highbrow estate atmosphere.

Dealing with the attribute beneficial properties of Canadian highbrow estate legislations, this publication can be of serious curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and foreign highbrow estate legislations, in addition to these fascinated about business estate legislations and copyright legislations.

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

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M. 1987, c. C225. M. 1987, c. B110. 14 Industrial property in his business name. ’55 Nevertheless, he continued: . . the province cannot regulate the use of a trade mark because it has a similarity to an existing business name in the province. So long as the trade mark is used in association with the product or the service which it identifies, the trade mark owner may use it notwithstanding that it may cause confusion between the business of the trade mark owner and that of a local business using a similar name.

Seiko Time, supra note 8 and Les rôtisseries St-Hubert Ltée v. R. (3d) 461 (Que. ) [Rôtisseries St-Hubert]. 26 Recourse for the infringement of registered trademarks is provided for in ss. 19, 20 and 22 of the Trade-marks Act, supra note 5. 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.

71 In Ciba-Geigy, supra note 65, Justice Gonthier for the unanimous Supreme Court of Canada described the general principle of passing off, and cited in support a line of British cases including: Perry v. Truefitt (1842), 6 Beav. R. 749; Singer Manufacturing Co. v. D. ), aff’d (1882), 8 App. Cas. V. v. J. C. C. ) and Reckitt & Colman Products Ltd. v. R. ). 72 Richard, supra note 13 at 312. 73 Ciba-Geigy, supra note 65 at para. 39. 74 Such statements imply that there is only one law of passing off for all of Canada, regardless of provincial competencies and even of the distinct private law tradition of Quebec.

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

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