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Download e-book for iPad: An Emerging Intellectual Property Paradigm: Perspectives by Ysolde Gendreau

By Ysolde Gendreau

ISBN-10: 1847205976

ISBN-13: 9781847205971

During this e-book, reputed specialists spotlight the certain gains of Canadian highbrow estate legislation. located on the crossroads among criminal traditions in Europe and the USA, Canada's highbrow estate legislation mix a number of parts from those areas and supply cutting edge techniques. The chapters concentration totally on patents, emblems, and copyright, masking either historic and modern advancements. they're designed to deliver viewpoint to and replicate upon what has turn into in recent times a really wealthy highbrow estate setting.

Dealing with the attribute gains of Canadian highbrow estate legislation, this e-book can be of serious curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and overseas highbrow estate legislations, in addition to these focused on business estate legislations and copyright legislations.

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There is no allocation of legislative authority over trademarks. Notwithstanding the absence of explicit constitutional authority to legislate with respect to trademarks, the federal government already had in place, at the time of confederation, legislation establishing a system of registration of trademarks. 5 Nevertheless, it marked the assertion of central constitutional authority over registered trademarks. 6 Indeed, in an early case involving the constitutionality of legislation to establish a national trademark, the Privy Council noted the existence of more general trademarks legislation in Canada and stated: No one has challenged the competence of the Dominion to pass such legislation.

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. C. 1932, c. 38. The challenge of trademark law 7 very similar to passing off and to ‘unfair competition’ more generally. It provides: 7. No person shall (a) make a false or misleading statement tending to discredit the business, wares or services of a competitor; (b) direct public attention to his wares, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his wares, services or business and the wares, services or business of another; (c) pass off other wares or services as and for those ordered or requested; (d) make use, in association with wares or services, of any description that is false in a material respect and likely to mislead the public as to (i) the character, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of the wares or services; or (e) do any other act or adopt any other business practice contrary to honest industrial or commercial usage in Canada.

Following Vapor Canada, the accepted view was that the Trade-marks Act, to the extent that it provided a comprehensive regulatory scheme for registered and unregistered trademarks, was constitutionally supported by the general 20 21 22 23 Ibid. at 167. Ibid. Ibid. at 172. Ibid. 24 Paragraph 7(e), because it went beyond any scheme to regulate trademarks, was ultra vires Parliament. Nevertheless, questions remained about the constitutionality of s. 25 This was largely because the remainder of s. 26 The uncertainty spawned sporadic constitutional challenges.

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


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