Canadian IP Law and Strategy
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Canadian Intellectual Property Law and Strategy by John McKeown 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.
"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
Table of Contents
CHAPTER 1: Introduction
CHAPTER 2: Protection of Trademarks in Canada
CHAPTER 3: Registrable Trademarks
CHAPTER 4: Acquisition of Rights
CHAPTER 5: Trademark Use
CHAPTER 6: Entitlement
CHAPTER 7: Applications
CHAPTER 8: Registration
CHAPTER 9: Assignments and Licenses
CHAPTER 10: Expungement
CHAPTER 11: Confusing Trademarks
CHAPTER 12: Opposition Proceedings
CHAPTER 13: Infringement
CHAPTER 14: Common Law Rights- -Passing Off
CHAPTER 15: Actions for Infringement and Passing Off
CHAPTER 16: Domain Names
CHAPTER 17: Copyright: Basic Concepts
CHAPTER 18: Literary, Dramatic, Musical, and Artistic Works
CHAPTER 19: Neighboring Rights
CHAPTER 20: Moral Rights
CHAPTER 21: Term of Protection
CHAPTER 22: Ownership of Copyright
CHAPTER 23: Crown Copyright
CHAPTER 24: Assignment
CHAPTER 25: Licenses
CHAPTER 26: Registration and Marking
CHAPTER 27: Direct Infringement
CHAPTER 28: Secondary Infringement
CHAPTER 29: Exceptions
CHAPTER 30: Actions for Infringement of Copyright
CHAPTER 31: Criminal Remedies
CHAPTER 32: Copyright Board and Collective Administration of Rights
CHAPTER 33: Industrial Designs