An Emerging Intellectual Property Paradigm: Perspectives by Ysolde Gendreau

By Ysolde Gendreau

During this publication, reputed specialists spotlight the specified positive aspects of Canadian highbrow estate legislation. positioned on the crossroads among criminal traditions in Europe and the USA, Canada's highbrow estate legislation combination a number of parts from those areas and supply cutting edge ways. The chapters concentration totally on patents, emblems, and copyright, protecting either ancient 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 setting.

Dealing with the attribute positive aspects of Canadian highbrow estate legislation, this publication should 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 all for commercial estate legislation and copyright legislations.

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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.

C. Brierley & Roderick A. Macdonald, Quebec Civil Law: An Introduction to Quebec Private Law (Toronto: Emond Montgomery Publications, 1993) at 16. 60 To give some illustrations by way of comparison with common law actions, passing off would fall within the first general category, actions such as the tort of injurious falsehood or defamation would fall in the second category, and the abuse of confidential information by a former employee would fall within the third. All three of these categories of delictual activity are said to be encompassed by 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. 19 and 37 there are also broader references in the judgment to ‘association’ (para. 26), ‘affiliation’ (para. 36) or third party licensing (para. 36), suggesting some softening of the literal strictness of s.

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