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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs

ISBN13: 9780195369427
Published: April 2010
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: Out of print

Canadian Intellectual Property Law and Strategy provides a comprehensive overview of Canadian law relating to trademarks, copyright and industrial designs, along with strategic, practice-oriented commentary regarding how such laws can best be used for business advantage.

This book provides a unique, strategic, transnational approach to protecting IP rights in Canada for legal practitioners outside Canada. It is a single, unified source for trademark, copyright, and industrial design law in Canada, including detailed analysis of the processes required to obtain and maintain intellectual property protection, with helpful examples drawn from the author's extensive practice experience.

Canadian Intellectual Property Law and Strategy is organized into three parts:-

  • The first part of the book is devoted to trademarks. The book, in addition to providing an overview of Canadian trademark law, deals with how a foreign trademark owner can use the system most advantageously. The initial focus is on acquisition of rights while later chapters describe the best strategies to maintain and protect trademark rights in Canada.
  • The second part of the book is devoted to copyright, with a broad, business-oriented treatment that reflects the potentially far-reaching impact of the law. The approach is of a general commercial nature, emphasizing how rights can be protected in Canada. Specific attention is given to understanding which rights are available and the steps that should be taken to protect those rights, whether by means of the appropriate assignments and registrations, or enforcement actions in the Canadian courts.
  • The third part of the book focuses on industrial designs, and explains what needs to be done and when by manufacturers to protect their products. The emphasis is on the steps required to protect and assert rights against infringers.

Intellectual Property Law, Other Jurisdictions , Canada
I. Protection of Trade Marks in Canada
Trade Mark Legislation in Canada
(a) Trade Mark
(b) Distinctiveness
(c) Prohibited Marks
(d) Official Marks
(a) Descriptive or Deceptively Descriptive Trade Marks
(b) Acquired Distinctiveness
(c) Names of the Wares or Services
Acquisition of Rights
(a) Adoption
(b) Making Known
(c) Proposed Use
(d) Trade Marks Registered Abroad
Trade Mark Use
(a) The Concept
(b) Wares
(c) Services
(d) Exported Wares
(a) Marks that Have Been Used or Made Known in Canada
(b) Marks Registered and Used Abroad
(c) Proposed Use Marks
(a) Content
(b) Examination
(c) Disclaimers
(d) Advertisement
Registration and Marking
(a) Allowance
(b) Effect of Registration
(c) Marking
Assignments and Licences
(a) Assignments
(b) Licences
(a) Section 45 Proceedings
(b) Expungement by the Federal Court
Confusing Trade Marks
(a) The Statutory Criteria
(b) Inherent Distinctiveness
(c) Duration of Use
(d) The Nature of the Wares, Services or Business
(e) The Nature of the Trade
(f) Resemblance
Opposition Proceedings
(a) Statement of Opposition
(b) Evidence
(c) Hearing
(d) Appeal
(a) The Concept
(b) Depreciating the Value of Goodwill Attached to a Trade Mark
(c) Actions for Infringement
(d) Remedies
Common Law Rights
II. Domain Names
(a) Basic Concepts
(b) Availability of Domain Names
(c) Protecting Domain Names as Trade Marks
(d) Cybersquatting and Related Problems
(e) Criticism or Gripe Sites
III. Understanding Copyright
Copyright Legislation in Canada
(a) Acquisition
(b) Originality
(c) Fixation
(d) Compilations
(e) Derivative Works
Literary Works
(a) What is Protected?
(b) The Rights Associated with Literary Works
Dramatic Works
(a) What is Protected?
(b) Rights Associated with Dramatic Works
Musical Works
(a) What is Protected?
(b) Rights Associated with Musical Works
Artistic Works
(a) What is Protected?
(b) Rights Associated with Artistic Works
Cinematographic Works
(a) What is Protected?
(b) Rights Associated with Cinematographic Works
Performers Rights
(a) What is Protected?
(b) Rights Associated with Performers Rights
Sound Recordings
(a) What is Protected?
(b) Rights Associated with Sound Recordings
Broadcasters Rights
(a) What is Protected?
(b) Rights Associated with Broadcasters Rights
Moral Rights
(a) The Nature of the Rights
(b) Infringement
Term of Protection
(a) Authorship
(b) Works of Joint Authorship
(c) Special Classes of Works
(d) Contracts of Service
Crown Copyright
(a) Requirements
(b) Devolution
(c) Bankruptcy
Registration and Marking
(a) Automatic Protection
(b) Effect of Registration
(c) Marking
Infringement and Exceptions
(a) Concept
(b) Authorizing Infringement
(c) Secondary Infringement
(d) Exceptions
(e) Actions for Infringement
(f) Remedies
Copyright Board and Collective Administration of Rights
(a) Jurisdiction
(b) Collective Administration of Rights
IV. Understanding Industrial Designs
Industrial Design Legislation in Canada
Subject Matter
(a) Nature of the Concept
(a) The Meaning of Publication
Registration and Marking
(a) Designs Registered After June 1993
(b) Designs Registered Before June 1993
Term of Protection
(a) Author
(b) Designs Executed for Consideration
(a) Concept
(b) Actions for Infringement
(c) Remedies ;