An Emerging Intellectual Property Paradigm
Perspectives from Canada
Edited by Ysolde Gendreau, Professor of Law, Université de Montréal, Canada
|2008 352 pp Hardback 978 1 84720 597 1
|ebook isbn 978 1 84844 502 4
Hardback £94.00 on-line price £84.60
Series: Queen Mary Studies in Intellectual Property series
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This book brings together contributions from reputed experts on Canadian intellectual property law which highlight its special features. 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 can offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyrights, covering both historical and contemporary developments. They are designed to bring perspective and reflection upon what has become in recent years a very rich intellectual property environment.
Contents: Preface Part I: Industrial Property Part II: Copyright Part III: Overlapping Issues Index
Contributors: E. Adeney, M. Bourassa Forcier, D. Daley, A. Drassinower, Y. Gendreau, D.J. Gervais, R.G. Howell, J.-F. Morin, P.-E. Moyse, M. Perry, T. Scassa, M.J. Tawfik, M.A. Wilkinson
Full table of contents
‘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.
PART I: INDUSTRIAL PROPERTY
1. The Challenge of Trademark Law in Canada’s Federal and Bijural System
2. A Watershed Year for Well Known or Famous Marks
Robert G. Howell
3. Canada’s Treatment of Geographical Indications: Compliant or Defiant? An International Perspective
4. From Pasteur to Monsanto: Approaches to Patenting Life in Canada
5. Canadian Pharmaceutical Patent Policy: International Constraints and Domestic Priorities
Mélanie Bourassa Forcier and Jean-Frédéric Morin
PART II: COPYRIGHT
6. Canadian Colonial Copyright: The Colony Strikes Back
7. Canadian Originality: Remarks on a Judgment in Search of an Author
8. Moral Rights in Canada: An Historical and Comparative View
9. A Uniquely Canadian Institution: The Copyright Board of Canada
Daniel J. Gervais
PART III: OVERLAPPING ISSUES
10. Battleground Between New and Old Orders: Control Conflicts Between Copyright and Personal Data Protection
Margaret Ann Wilkinson
11. When Intellectual Property Rights Converge – Tracing the Contours and Mapping the Fault Lines ‘Case by Case’ and ‘Law by Law’
Myra J. Tawfik
12. Surfacing: The Canadian Intellectual Property Identity