Intellectual Property Law In Canada

One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.

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.

Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix.

This treatise on Canadian intellectual property law, written by members of the I.P. practice group of Stikeman, Elliott, is a comprehensive source for answering many of the I.P. questions that arise for both lawyers and corporate counsel. With technologies and new ideas driving today’s economy as never before, intellectual property is a key factor in business success. While intellectual property is especially vital for knowledge-based industries, its importance cuts across sectors as well as national boundaries. To meet this challenge, Stikeman, Elliott takes a multi-disciplinary approach to the practice. Their team comprises dynamic and highly creative professionals, including intellectual property, corporate and international trade lawyers, who bring a wide range of training and experience to every transaction. This expertise has been critical to businesses throughout Canada and around the world who want to preserve, protect and exploit their intellectual property to the fullest while reducing the risks of jeopardizing their intellectual property assets. In addition to this work being an eminently practical reference source, it also provides insightful practice commentaries and detailed analysis of all major intellectual property law subjects. In sum, the Intellectual Property Law of Canada is a publication that anyone with Canadian I.P. interests or questions should not be without.

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.

Since the publication of the first edition in 1997, David Vaver's Intellectual Property Law: Copyright, Patents, Trade-Markshas become one of the most important treatises on the subject in Canada. It has been relied upon by scholars, practitioners, policy analysts and students alike, as well as those who use or rely on intellectual property, and has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada. Now, nearly fifteen years later, Professor Vaver has produced a new and greatly-expanded edition that not only takes account of developments that have occurred in domestic and international law, but also provides an in-depth and engaging discussion of the profound changes in the social, economic, and technological environments in which intellectual property law operates.

In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.