Canadian Intellectual Property Law And Strategy

An Emerging Intellectual Property Paradigm is a definitive guide to the creative, cosmopolitan, cool-headed, and compassionate jurisprudence of Canadian intellectual property law. This volume shows that Canadian intellectual property law is an eclectic blend of British, French, and American legal traditions. After a pattern of resistance and accommodation, the legal system has internalised a variety of foreign influences. This collection explores the unique innovations of Canadian intellectual property law such as its pioneering development of moral rights; the robust Copyright Board of Canada; and the Jean Chretien Pledge to Africa Act. Canadian intellectual property law has much to teach the rest of the world forging a Middle Way between the extremes of intellectual property maximalism and free-for-all piracy and counterfeiting. Matthew Rimmer, The Australian National University College of Law, Australia In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada s intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment. Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Canada. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Canada will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.