By Ysolde Gendreau
During this publication, reputed specialists spotlight the specified good points of Canadian highbrow estate legislations. positioned on the crossroads among felony traditions in Europe and the us, Canada's highbrow estate legislation mix a variety of components from those areas and supply leading edge techniques. The chapters concentration totally on patents, logos, and copyright, masking either old and modern advancements. they're designed to convey standpoint to and replicate upon what has develop into in recent times a truly wealthy highbrow estate surroundings.
Dealing with the attribute beneficial properties of Canadian highbrow estate legislation, this publication can 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 occupied with business estate legislations and copyright legislations.
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Extra info for An Emerging Intellectual Property Paradigm: Perspectives from Canada
Thus, in one case where allegedly false statements were made with respect to a product for which a patent had not yet been granted Justice Rouleau ruled that para. 44 Where a patent exists, para. 46 The situation is somewhat different with trademarks, as it has been recognized that the Trade-marks Act governs both registered and unregistered marks. Nevertheless, some issues remain unanswered. For example, some have questioned whether this section can legitimately apply where false or misleading statements are made in comparative advertising.
For example, para. 7(a), which provides that no person shall: ‘make a false or misleading statement tending to discredit the business, wares or services of a competitor’ could be said to cover much of the same ground as the common law tort of injurious falsehood, although para. 43 Nevertheless, the courts have held that para. 7(a) depends for its constitutional validity on its rounding out a valid federal scheme. Thus, in one case where allegedly false statements were made with respect to a product for which a patent had not yet been granted Justice Rouleau ruled that para.
Ibid. Ibid. at 315. The challenge of trademark law 15 draws into the picture another particular feature of the Canadian legal system: its bijural nature. 59 Over time, English law came to heavily influence administrative law, civil procedure and the structure of the courts, leaving Quebec with a hybrid or ‘mixed’ system of laws. The other provinces of Canada received English law, and their private law was the received English common law and equity. In this sense, therefore, the bijural nature of Canada’s legal system is predominantly evident in Quebec, where the private law remains based in the civil law tradition, yet is interpreted and applied within a procedural context heavily influenced by the common law.
An Emerging Intellectual Property Paradigm: Perspectives from Canada by Ysolde Gendreau