By Ysolde Gendreau
During this e-book, reputed specialists spotlight the precise positive aspects of Canadian highbrow estate legislations. located on the crossroads among felony traditions in Europe and the us, Canada's highbrow estate legislation combination a variety of parts from those areas and provide leading edge ways. The chapters concentration totally on patents, logos, and copyright, overlaying either ancient and modern advancements. they're designed to carry point of view to and replicate upon what has develop into lately a really wealthy highbrow estate atmosphere.
Dealing with the attribute positive factors of Canadian highbrow estate legislation, this booklet could be of significant curiosity to students and researchers, and undergraduate, graduate and postgraduate scholars of comparative and foreign highbrow estate legislation, in addition to these fascinated by business estate legislation and copyright legislation.
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Extra resources for An Emerging Intellectual Property Paradigm: Perspectives from Canada
B110. 14 Industrial property in his business name. ’55 Nevertheless, he continued: . . the province cannot regulate the use of a trade mark because it has a similarity to an existing business name in the province. So long as the trade mark is used in association with the product or the service which it identifies, the trade mark owner may use it notwithstanding that it may cause confusion between the business of the trade mark owner and that of a local business using a similar name. 56 Justice Jewers took the matter further.
The province cannot regulate the use of a trade mark because it has a similarity to an existing business name in the province. So long as the trade mark is used in association with the product or the service which it identifies, the trade mark owner may use it notwithstanding that it may cause confusion between the business of the trade mark owner and that of a local business using a similar name. 56 Justice Jewers took the matter further. He noted that the Business Names Registration Act required a company carrying on business under a trade name other than its business name to register under the Act.
Section 7 applies to unregistered trademarks, and governs conduct 13 14 Hugues G. R. 301 at 306. An issue regarding the constitutionality of s. 9 was raised, and quickly dismissed, in Canadian Olympic Association v. Konica Canada Inc. R. ). 15 Richard, supra note 13. 16 Bereskin, supra note 12 at 238. 17 Ibid. at 240–42. It is worth noting that for registrations of trademarks under s. 12(2) and s. 13 of the Act, which depend upon acquired distinctiveness of the mark, the Registrar may restrict the registration of a mark to those geographical areas of Canada in which the mark has acquired distinctiveness.