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Canadian intellectual property law and strategy : trademarks, copyright, and industrial designs /
John S. McKeown.
imprint
Oxford ; New York : Oxford University Press, c2010.
description
xvii, 437 p. ; 24 cm..
ISBN
0195369424 (pbk. : alk. paper), 9780195369427 (pbk. : alk. paper)
format(s)
Book
Holdings
More Details
imprint
Oxford ; New York : Oxford University Press, c2010.
isbn
0195369424 (pbk. : alk. paper)
9780195369427 (pbk. : alk. paper)
contents note
Introduction -- Protection of trademarks in Canada -- Registrable trademarks -- Acquisition or rights -- Trademark use -- Entitlement -- Applications -- Registration -- Assignments and licenses -- Expungement -- Confusing trademarks -- Opposition proceedings -- Infringement -- Common law rights : passing off -- Actions for infringement and passing off -- Domain names -- Copyright : basic concepts -- Literary, dramatic, musical, and artistic works -- Neighboring rights -- Moral rights -- Term of protection -- Ownership of copyright -- Crown copyright -- Assignment -- Licenses -- Registration and marking -- Direct infringement -- Secondary infringement -- Exceptions -- Actions for infringement of copyright -- Criminal remedies -- Copyright Board and collective administration of rights -- Industrial design.
catalogue key
7146249
 
Includes bibliographical references and index.
A Look Inside
Reviews
Review Quotes
"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
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Bowker Data Service Summary
This text provides a comprehensive appraisal of United States federal procurement laws relating to intellectual property, plus a detailed survey of state procurement rules and a comparison of the approaches adopted by the European Union and other industrialized countries.
Long Description
State and national governments often meet their technologically-intensive needs by entering into contracts and financing deals with private companies. These contracts, and the complex rules that accompany them, have elevated the risk of IP loss for private-sector contractors. Intellectual Property in Government Contracts provides a comprehensive appraisal of United States federal procurement laws relating to Intellectual Property, plus a detailed survey of state procurementrules and a comparison of the approaches adopted by the European Union and other industrialized countries. It provides strategic guidance for the protection of IP in government contracts, and the various ways to enforce IP rights in the event of government violation. Written by knowledgeable professionals inthe field, this book offers detailed advice and commentary concerning strategies, opportunities, and traps for the unwary. This book helps attorneys on both sides of the equation approach government deals with the dual objectives to maximize the tremendous upside potential while protecting intellectual property rights.
Main Description
Canadian Intellectual Property Law and Strategy 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.
Main Description
Canadian Intellectual Property Law and Strategyprovides 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 Strategyis 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.
Main Description
Canadian Intellectual Property Law and Strategy provides a comprehensive overview of the 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. The first part of the book is devoted to trademarks. The material in this section, in addition to providing an overview of Canadian trademark law, will deal with how a foreign trademark owner can use the system most advantageously. The initial focus will be on acquisition of rights - for example, anapplication can be filed in Canada based on foreign registration and use and a registration can be obtained without having to show any use of the trade mark in Canada - while latter sections will emphasize the best strategies to maintain and protect trademark rights in Canada. The second part of the book is devoted to copyright, with less emphasis on the specific industries-e.g., movie production-that typically rely on the copyright system than a broad, business-oriented treatment that reflects the potentially far-reaching impact of the law. (For example, copyright cansubsist in a design trade mark if sufficiently original.) The approach will thus be of a general commercial nature, emphasizing how legislation can be used to protect rights in Canada, with specific attention paid to understanding which rights are available and the steps that should be taken toprotect those rights, whether by means of the appropriate assignments and registrations, or on enforcement actions in the Canadian courts.
Table of Contents
Protection of Trade Marks in Canada
Trade Mark Legislation in Canada
Definitions
Trade Mark
Distinctiveness
Prohibited Marks
Official Marks
Registrability
Descriptive or Deceptively Descriptive Trade Marks
Acquired Distinctiveness
Names of the Wares or Services
Acquisition of Rights
Adoption
Making Known
Proposed Use
Trade Marks Registered Abroad
Trade Mark Use
The Concept
Wares
Services
Exported Wares
Entitlement
Marks that Have Been Used or Made Known in Canada
Marks Registered and Used Abroad
Proposed Use Marks
Applications
Content
Examination
Disclaimers
Advertisement
Registration and Marking
Allowance
Effect of Registration
Marking
Assignments and Licences
Assignments
Licences
Expungement
Section 45 Proceedings
Expungement by the Federal Court
Confusing Trade Marks
The Statutory Criteria
Inherent Distinctiveness
Duration of Use
The Nature of the Wares, Services or Business
The Nature of the Trade
Resemblance
Opposition Proceedings
Statement of Opposition
Evidence
Hearing
Appeal
Infringement
The Concept
Depreciating the Value of Goodwill Attached to a Trade Mark
Actions for Infringement
Remedies
Common Law Rights
Domain Names
Basic Concepts
Availability of Domain Names
Protecting Domain Names as Trade Marks
Cybersquatting and Related Problems
Criticism or Gripe Sites
Understanding Copyright
Copyright Legislation in Canada
Introduction
Definitions
Acquisition
Originality
Fixation
Compilations
Derivative Works
Literary Works
What is Protected?
The Rights Associated with Literary Works
Dramatic Works
What is Protected?
Rights Associated with Dramatic Works
Musical Works
What is Protected?
Rights Associated with Musical Works
Artistic Works
What is Protected?
Rights Associated with Artistic Works
Cinematographic Works
What is Protected?
Rights Associated with Cinematographic Works
Performers' Rights
What is Protected?
Rights Associated with Performers Rights
Sound Recordings
What is Protected?
Rights Associated with Sound Recordings
Broadcasters' Rights
What is Protected?
Rights Associated with Broadcasters' Rights
Moral Rights
The Nature of the Rights
Infringement
Term of Protection
Ownership
Authorship
Works of Joint Authorship
Special Classes of Works
Contracts of Service
Crown Copyright
Assignment
Requirements
Devolution
Bankruptcy
Licences
Registration and Marking
Automatic Protection
Effect of Registration
Marking
Infringement and Exceptions
Concept
Authorizing Infringement
Secondary Infringement
Exceptions
Actions for Infringement
Remedies
Copyright Board and Collective Administration of Rights
Jurisdiction
Collective Administration of Rights
Understanding Industrial Designs
Industrial Design Legislation in Canada
Definitions
Subject Matter
Originality
Nature of the Concept
Publication
The Meaning of Publication
Applications
Registration and Marking
Designs Registered After June 1993
Designs Registered Before June 1993Term of Protection
Ownership
Author
Designs Executed for Consideration
Assignment
Licence
Expungement
Infringement
Concept
Actions for Infringement
Remedies
Table of Contents provided by Publisher. All Rights Reserved.

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