An Emerging Intellectual Property Paradigm: Perspectives by Ysolde Gendreau

By Ysolde Gendreau

During this e-book, reputed specialists spotlight the specific positive aspects of Canadian highbrow estate legislations. positioned on the crossroads among felony traditions in Europe and the us, Canada's highbrow estate legislation mixture numerous components from those areas and supply cutting edge methods. The chapters concentration totally on patents, logos, and copyright, overlaying either historic and modern advancements. they're designed to deliver standpoint to and mirror upon what has develop into lately a truly wealthy highbrow estate atmosphere.

Dealing with the attribute beneficial properties of Canadian highbrow estate legislations, this ebook may be of serious curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and foreign highbrow estate legislations, in addition to these desirous about commercial estate legislation and copyright legislations.

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It provides: 7. No person shall (a) make a false or misleading statement tending to discredit the business, wares or services of a competitor; (b) direct public attention to his wares, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his wares, services or business and the wares, services or business of another; (c) pass off other wares or services as and for those ordered or requested; (d) make use, in association with wares or services, of any description that is false in a material respect and likely to mislead the public as to (i) the character, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of the wares or services; or (e) do any other act or adopt any other business practice contrary to honest industrial or commercial usage in Canada.

81 Goudreau, supra note 60 at 154. The challenge of trademark law 19 approach is consistent with common law approaches to passing off and, following the Supreme Court of Canada’s decisions in Ciba-Geigy and most recently Kirkbi, it is difficult to maintain that there are significant differences between the two actions. Notwithstanding these doctrinal controversies, there is also room for the development of distinct approaches that flow from the location of the action within a broader framework for delictual liablility.

TV Hebdo Inc. v. Publications La Semaine Inc. ,82 the Quebec Superior Court granted an injunction based on the defendant’s counter-claim against the plaintiff due to evidence of a deliberate strategy to ‘semer la confusion’ or create confusion between the two products. Although the objectionable conduct involved the deceptive use of words which formed part of the claimant’s trademark, the court found that the facts fell short of an action in passing off. Nevertheless, the court found that the conduct fell within the language of art.

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