The law of intellectual property is commonly understood as providing an incentive to authors and inventors to produce works for the benefit of the public by regulating the publics use of such works in order to ensure that authors and inventors are compensated for their efforts. These rights are property in that they are based on the legal right to exclude others from using the property and ownership of the rights can be transferred. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level. Effective control of in tellectual property can be critical to business success. Apr 24, 2009 nutshells intellectual property law by mark van hoorebeek, 9781847031211, available at book depository with free delivery worldwide. Intellectual property ip is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic. It was easy to read and not too technical, so the average person could understand it without excessive jargon. Dec 01, 2010 intellectual property rights are rights in things that you create with your mind. The competition law and intellectual property interface torys llp. Report on the protection and enforcement of intellectual property.
Intellectual property and technology law research guide. Intellectual property rights are rights in things that you create with your mind. Accessing the trademarks database or registering a. This paper uses two recent works as a springboard for discussing the proper contours of intellectual property protection. European intellectual property office euipo and the european patent office. May 09, 2018 intellectual property law canada unveils its intellectual property strategy. This nutshell is great, i learned more out of it than i did in my patent law class. Written in a logical style, the author simplifies and explains all aspects of intellectual property law, making full use of illustrative examples and case studies. Procedures concerning the acquisition or maintenance of intellectual property rights and, where a members law provides for such procedures, administrative revocation and inter partes procedures such as opposition, revocation and cancellation, shall be governed by the general principles set out in paragraphs 2 and 3 of article 41.
This article highlights key intellectual property ip considerations in stock purchase and merger transactions. Nov 20, 2015 this is a blatant giveaway to those firms that control enduring intellectual property. Intellectual property law canada unveils its intellectual property strategy. Pdf exhaustion of intellectual property rights in canada. Intellectual property issues can also arise regarding your business name or trade name, trademark, logo or slogan. From the artists perspective, the protection of intellectual property is best achieved through registering a work with the government patents and s are two of the most popular types of intellectual property. Spinello carroll school of management, boston college, chestnut hill, ma 02467, usa email. Breaks the text down into bitesized chunks and includes bullets where appropriate to aid navigation, dissemination and retention of information. A listing of legislation pertaining to cipo in the administration of canadas intellectual property rights. Merger clearance conditional on brand divestiture going beyond area of actual concerns acquisition by unilever of sara lees household and body care business the merger would have resulted in a very strong leadership position of unilever.
Noteworthy examples of newly negotiated agreements that combine chapters on. Below is a listing of legislation pertaining to cipo in the administration of canadas intellectual property. Where intellectual property has already been created by employees, contractors, or in other circumstances, without any agreement, we can determine who owns the ip and, if needed, draft suitable documentation for transferring the intellectual property rights to the company. Intellectual property and mobile applications wipo. Some ideas can be expressed intelligibly only in one or a limited number of ways.
It discusses legal due diligence of the target companys ip and drafting and negotiating ip aspects of stock purchase and merger agreements including representations and warranties and ancillary agreements. Areas covered include the regulatory framework, regulatory authorities, relevant triggering events and thresholds. Canadian intellectual property law governs the regulation of the exploitation of intellectual property in canada. In canada, the existence of a right in intellectual property is generally a creature of statute. With a title representing almost every area of law, nutshells provide a solid understanding of a specific area of law and include references to important cases that. One of over 150 titles in wests law in a nutshell series, this book is a comprehensive resource in an easytoread, concise format. Contact us at brown patent law with additional questions. Intellectual property law texts and treatises which are generally found in the kf 2994 and kf 2979 sections of the law library. Does the target company have a concrete set of procedures in place for identifying and protecting new innovations, including business methods and systems inventions. Needed this book for a university course i was taking. Intellectual property law of canada second edition. This circumstance, particularly during the 1990s changed with the sweeping globalization of intellectual property oriented mergers. Navigating the intersection of ip law and competition law requires.
Oct 19, 2019 moreover, avoiding intellectual property infringement issues helps your business enjoy a good reputation in its industry as well as with your consumers and employees. Assess the patentrelated practices of the target company. See all 5 formats and editions hide other formats and editions. In sum, the intellectual property law of canada is a publication that anyone with canadian ip interests or questions should not be without. Nutshells intellectual property law by mark van hoorebeek, 9781847031211, available at book depository with free delivery worldwide. Canada intellectual property law the term intellectual property ip refers to patents, trademarks, industrial designs and similar rights. Moreover, avoiding intellectual property infringement issues helps your business enjoy a good reputation in its industry as well as with your consumers and employees. A broader but related concept is the merger doctrine. Presents the essentials of law in clear and straightforward language. Canadas intellectual property law in a nutshell kf2979. For example, with respect to registered rights, the defendants forum is certainly competent to rule on the validity or infringement of the rights that are registered in that state.
Intellectual property ip agreements and contracts heer law. Business activities relating to the use, acquisition, licensing, and enforcement. How intellectual property law affects representations and warranties 6. The canadian intellectual property office cipo has the largest collection in canada of current technological knowhow from around the world. Intellectual property as a business tool developing your ip strategy, protecting your ip internationally and using competitive intelligence.
But the book as a literary work is separate from the physical object, and the author needs to have some way to protect his or her rights in that literary work. Is intellectual property law the new protectionism. Mar 16, 2015 postmerger incentives of the seller not relevant for merger assessment unconditional clearance of microsofts acquisition of nokias mobile phone and tablet business without patent portfolio investigation showed that microsoft had no ability andor incentives to foreclose postmerger. Patents and registered industrial designs are a way for people to share cuttingedge information. Article pdf available in queen mary journal of intellectual property. Ke 2779 d63 2000 canada s intellectual property law in a nutshell martin p. Intellectual property regime in canada report of the. Earlier in this century, courts and enforcement agencies often regarded the two bodies of law as having an adversarial relationship. Protecting your intellectual property, trademarks, and using ip as a business tool. Individuals, universities, law firms and chambers of commerce also.
In canada, the applicability of the exhaustion doctrine to s, trademarks, and patents seemed clear. Creators of intellectual property gain rights either by statute or by the common law. Developing your ip strategy, protecting your ip internationally and using competitive intelligence. The basics of intellectual property and how to protect your brand, innovation or creation. In addition to this work being an eminently practical reference source, it also provides insightful practice commentaries and detailed analysis of all major intellectual property law subjects. The tpp raises the bar for ip protection in its member countries. In canada, the applicability of the exhaustion doctrine to s, trade marks, and patents seemed clear. Although many attorneys now recognize the commonality of purpose between the antitrust and intellectual property laws, such commonality has not always been fully recognized. Intellectual property patent trademark and copyright law. Canadas intellectual property law in a nutshell paperback aug.
Most businesses think of merchant banks when mergers and acquisitions come to mind, and to sell a major business, acquire a major business, take a business public or take it private, merchant banks are capable of assisting with and managing such transactions. It was a lifesaver on the final exam, and im going to use it. Intellectual property 4e thomson reuters australia. In summary, the bureau proceeds using a 5 step analysis.
But the book as a literary work is separate from the physical object, and the author needs to have some way. On a motion for summary judgment, the trial division judge. Licensing of ip rights and competition law note by canada. Canada agreement usmca, as with other regional trade. Intellectual property right means any intellectual property right recognized by the law, including any intellectual property right protected through legislation such as that governing patents, industrial design, integrated circuit topography, or plant breeders rights or arising from protection of information as a trade secret or. The book, though a little dry at times, was useful and insightful and had good information containing intellectual property law.
Written in clear, straightforward language, the authors explain the principles, and highlight key cases and legislative provisions for each subject. In sum, the intellectual property law of canada is a publication that anyone with canadian ip. Everyday low prices and free delivery on eligible orders. In the absence of a written agreement, the law governing the ownership of intellectual property produces sometimes unexpected and dissatisfying results from a business perspective. Intellectual property or ip encompasses such properties as trademarks, domain names, s and patents, all of which can be sold or licensed. If done by merger, the resulting triangle of companies parentbuyer, acquisition subsidiary, and target company are described as having engaged in a triangular. It was a lifesaver on the final exam, and im going to use it for my trademark law class next semester as well. On world intellectual property day april 26, 2018, the federal government unveiled what it billed as canada s first comprehensive intellectual property strategy the ip strategy designed to help canadians understand, protect and access intellectual property. In most cases, the early adoption of properly written agreements. As the digital world continues to infiltrate and dominate the business world, intellectual property has become an integral function for most businesses. Canada s intellectual property law in a nutshell, martin p. I wish i had read it before i took the class, that way id have a better understanding of it, it explains the confusing concepts really well. This reference offers a succinct overview to intellectual property law in canada, as well as a synopsis and stepbystep guide to all the key issues and concerns. The more heavily utilized resources are found in the law reserves collection, a listing of which can be searched from the library catalogue.
Intellectual property lawyers, law firms in canada for every. Find intellectual property law offices and lawyers in canada for your city. Journal of intellectual property law online journal of intellectual property and entertainment law. In such cases the expression merges with the idea and is therefore not protected. It came in a quick time and was just as advertised. Canadas intellectual property law in a nutshell, second. Sale, purchase and transfer of intellectual property rights. Understanding how intellectual property rights are involved with mergers and acquisitions is essential given how merger and acquisition activity in the intellectual property field 1 bryer,l. A listing of legislation pertaining to cipo in the administration of canadas intellectual property rights legislation below is a listing of legislation pertaining to cipo in the administration of canadas intellectual property rights. Buy nutshell intellectual property law nutshells 3rd revised by caroline wilson isbn. Canada or india operate on the basis of a firsttouse principle, where trademarks. Subject to the terms and conditions of this agreement, at the closing referred to herein, seller agrees to sell, transfer and assign and buyer agrees to purchase and accept on the terms stated herein, all of sellers right, title and interest in and.
Canadas intellectual property law in a nutshell, martin p. Technology mergers provide yet another illustration of the increasingly stormy interface between intellectual property rights and the mandate of the antitrust laws to preserve consumer. Subject to the terms and conditions of this agreement, at the closing referred to herein, seller agrees to sell, transfer and assign and buyer agrees to purchase and accept on the terms stated herein, all of. The united states government has a few strong avenues for protecting your intellectual property. Here is a brief overview of typical concerns and tasks relating to intellectual property in an acquisition or merger. The top ten intellectual property law questions that should be asked about any merger or acquisitions, 66 u. Intellectual property concerns with mergers and acquisitions. Nutshell intellectual property law 3rd edition thomson.
With a title representing almost every area of law, nutshells provide a solid understanding of a specific area of law and include references to important cases that have helped shaped the law. Intellectual property lawyers, law firms in canada for. Canada intellectual property law hosseini law firm. Ke 2779 d63 2000 canadas intellectual property law in a nutshell martin p. This is a blatant giveaway to those firms that control enduring intellectual property.
A read is counted each time someone views a publication summary such as the. Schmeiser as an outlier in canadian intellectual property law. Incorporates colour to help distinguish cases and legislation and aid ease of use. On world intellectual property day april 26, 2018, the federal government unveiled what it billed as canadas first comprehensive intellectual property strategy the ip strategy designed to help canadians understand, protect and access intellectual property. Intellectual property a product of human intellect.
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