An Emerging Intellectual Property Paradigm

‘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.

Contents:

Preface

PART I: INDUSTRIAL PROPERTY
1. The Challenge of Trademark Law in Canada’s Federal and Bijural System
Teresa Scassa

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
Dianne Daley

4. From Pasteur to Monsanto: Approaches to Patenting Life in Canada
Mark Perry

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
Pierre-Emmanuel Moyse

7. Canadian Originality: Remarks on a Judgment in Search of an Author
Abraham Drassinower

8. Moral Rights in Canada: An Historical and Comparative View
Elizabeth Adeney

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
Ysolde Gendreau

Index