Canadian Intellectual Property Law: Cases and Materials, 3rd Edition offers a comprehensive analysis of foundational concepts including copyright, patents, trademarks, industrial designs, passing off, and confidentiality. This casebook contains extracts from leading Canadian cases and IP legislation, paired with clarifying commentary and discussion questions. This approach allows students to test their comprehension and prepares them to engage in policy debates surrounding this important and evolving area of law.
Chapters from the previous edition have been revised to reflect recent case law and regulatory changes. The third edition includes expanded discussion on the scope and coverage of IP protection in response to recent developments in the field of artificial intelligence and the inequitable distribution of COVID-19 vaccines. It also includes comprehensive coverage of Canada’s intellectual property law within the context of Indigenous legal traditions, addressing the need for inclusivity and reform.
This collaborative text is a valuable teaching tool that bridges gaps found in similar texts by addressing the core areas of IP law within a single resource.
New cases to this edition include:
- Yves Choueifaty v Attorney General of Canada, 2020 FC 837
- Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada, 2020 FCA 100, leave to appeal to SCC granted, 2021 CanLII 32434
- Keatley Surveying Ltd v Teranet Inc, 2019 SCC 43
- Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682
- York University v Canadian Copyright Licensing Agency, 2020 FCA 77, leave to appeal to SCC granted, 2020 CanLII 76224
- York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32
- New discussion on the need for the protection and inclusion of Indigenous legal traditions in Canadian Intellectual Property law.
- New discussion on the intersection of patent law and access to medicine.
- New references and extracts from relevant materials from across Canada and abroad.
- Discussion on trademark law within the context of globalization.
- Expanded discussion of scope and protection Canada’s IP law within the technological context.
- Revised content on copyright to reflect recent legislative amendments impacting the Copyright Act.
- Updated material on passing off, industrial, design and confidential information.
Table of Contents
Table of Cases
Chapter 1: Copyright
Chapter 2: Industrial Design
Chapter 3: Passing Off
Chapter 4: Trademarks
Chapter 5: Confidential Information
Chapter 6: Patents