Canadian IP Law and Strategy


Book Description

Canadian Intellectual Property Law and Strategy by John McKeown 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. The eBook versions of this title feature links to Lexis Advance for further legal research options. Reviews "John McKeown's book is an excellent resource for anyone who needs information about IP legal issues in Canada. It includes both a thorough reference to relevant case law and statutes, as well as invaluable practical advice from an IP lawyer with a wealth of experience. It belongs on the shelf of any IP practitioner with clients who reside in or do business with Canada." --Jim Davis, Partner, Arent Fox LLP, Washington D.C. "This book provides a comprehensive resource for U.S. practitioners with respect to intellectual property law in Canada. Its organization is clear and concise, with practical information easily accessible to the reader." --Deborah Lively, Thompson & Knight LLP




An Emerging Intellectual Property Paradigm


Book Description

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.




Canadian Trademark Law


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Intellectual Property and Private International Law


Book Description

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.




International Copyright Law: U.S. and E.U. Perspectives


Book Description

This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc