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

By Ysolde Gendreau

ISBN-10: 1847205976

ISBN-13: 9781847205971

During this booklet, reputed specialists spotlight the specified good points of Canadian highbrow estate legislation. located on the crossroads among felony traditions in Europe and the us, Canada's highbrow estate legislation mixture quite a few components from those areas and supply cutting edge ways. The chapters concentration totally on patents, logos, and copyright, masking either historic and modern advancements. they're designed to deliver point of view to and replicate upon what has turn into lately a truly wealthy highbrow estate surroundings.

Dealing with the attribute good points of Canadian highbrow estate legislations, this e-book may be of significant curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and overseas highbrow estate legislations, in addition to these thinking about business estate legislations and copyright legislation.

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V. City National Leasing,33 Justice LeBel noted that s. 7(b) of the Trade-marks Act is remedial and related to the enforcement of substantive provisions of the Act. 35 This conclusion moved him on to the next stage of inquiry: whether the Trademarks Act was valid federal legislation as a whole. Justice LeBel noted that there was no challenge to the federal government’s authority to regulate registered trademarks. What was at issue was whether this scheme could also legitimately address unregistered trademarks.

134 [Vapor Canada]. 8 Industrial property One looks in vain for any regulatory scheme in s. 7, let alone s. 7(e). Its enforcement is left to the chance of private redress without public monitoring by the continuing oversight of a regulatory agency which would at least lend some colour to the alleged national or Canada-wide sweep of s. 7(e). 20 The majority of the Court did not find that the Trade-marks Act as a whole was unconstitutional. Rather, their view was that s. 7(e) did not fit within the general (and otherwise legitimate) regulatory scheme in the Trade-marks Act.

Albian Sands Energy Inc. R. (4th) 418 at paras. ). 8 Veuve Clicquot Ponsardin, supra note 2 at para. 38. In Remo Imports Ltd. v. Jaguar Cars Ltd. R. (4th) 1 at para. ), Shore, J. interpreted s. R. )]. 9 These broader descriptions have been used at common law with a consequential broadening of the passing off proceeding. g. Walt Disney Productions v. Triple Five Corp. R. (3d) 129 (Alta. ). C. Bulletin of Proceedings, 1210. 10 Although source or origin is expressly emphasized by Binnie J. in Veuve Clicquot Ponsardin, supra note 2 at paras.

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

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