Halsbury's Laws of Canada – Patents, Trade Secrets and Industrial Designs (2025 Reissue)

This volume clearly delineates the law governing patents of invention in Canada, as codified by the Patent Act, as well as the law pertaining to trade secrets and industrial design.

Publication Language: English

Published: March 20, 2025

Publisher: LexisNexis Canada

Product Format Details Qty
Book
$345.00
In Stock ISBN: 9780433532064
Hardcover | 796 pages

 

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In the age of information, the ability to protect a client's rights in intellectual property can be as important as the creation of that property itself. Like a right without a remedy, a proprietary asset without legal recognition may be no asset at all. So, while patent applications or industrial design issues may be best left to intellectual property specialists, a sound appreciation of the law and the issues shouldn't be.

Newly revised and thoroughly updated, Halsbury's Laws of Canada – Patents, Trade Secrets and Industrial Designs (2025 Reissue) is the ideal source for authoritative commentary on this always important subject. Authored by Dino Clarizio, one of Canada's leading intellectual property experts, it clearly delineates the law governing patents of invention in Canada, as codified by the Patent Act, as well as the law pertaining to trade secrets and industrial design.

Topics covered include:

Patents of Invention

  • The legislative framework
    • Jurisdiction
    • Patent Act, Competition Act and international conventions
  • Patentable subject matter
    • Art, process and improvements
    • Exemptions and exclusions
  • Patentability
    • Novelty
    • Utility
    • Obviousness
    • Double patenting
    • Foreign patents
    • Fraud
  • Specification and Claims
    • Construction of claims
    • Limitations
    • Biological material
  • Patent validity
  • Infringement
    • Categories of infringement
    • Action for infringement
    • Defences and exemptions
  • Impeachment
  • Patent applications
    • Persons entitled to apply
    • Contents, format, publication and amendments
    • Priority
    • Withdrawal, abandonment and reinstatement
    • International applications
  • Reissue, disclaimer, re-examination and dedication
  • Appeal of Commissioner's decisions
  • Patent ownership, transfer and licensing
  • Offences
  • Patented or protected medicines
    • Patented Medicines Prices Review Board
    • Patented Medicines (Notice of Compliance) Regulations
    • Supplementary Protection - Medicinal Ingredients

Trade Secrets

  • Jurisdiction
  • Obligations of directors, officers and former employees
  • Actions to restrain misuse

Industrial Designs

  • Relationship with trademarks, patents and copyright
  • Jurisdiction
  • International applications and registrations
  • Registrable designs
  • Application for industrial designs
    • Entitlement
    • Procedure
      • General requirements and contents of application
      • Filing date and priority
      • Availability to public
      • Reviews and appeals
  • Registration, ownership and licensing
  • Infringement tests, actions and remedies

View the table of contents

I. Patents of Invention

1. Applicable Law

2. Subject-Matter

3. Patentability

4. Specification and Claims

5. Validity

6. Infringement

7. Impeachment

8. Application for Patent

9. Reissue, Disclaimer, Re-Examination and Dedication

10. Appeal of Commissioner's Decision

11. Ownership and Licence

12. Offences

13. Patented or Protected Medicines

 

II. Trade Secrets

1. Definitions

2. Jurisdiction

3. Obligations

4. Actions to Restrain Misuse

 

III. Industrial Designs

1. General

2. Registrable Designs

3. Application

4. Registration

5. Ownership and Licence

6. Infringement

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