Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic
Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic
Electronic Thesis and Dissertation Repository
Moral rights, prohibited marks, and geographical indications (GI) appear in Canadian intellectual property (IP) statutes and international IP instruments – but do not mirror the characteristics of the classic IP triad (patents, copyrights, and trademarks). The classic triad are alienable (tradeable, licensable, able to be transferred away by their owners). Moral rights, prohibited marks, and GI are inalienable (not able to be transferred to others by the persons entitled to them) and thus distinguishable from classic IP. This research demonstrates another characteristic setting moral rights, prohibited marks, and GI apart from classic IP: a common preoccupation with reputation or esteem. …
Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik
Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik
Electronic Thesis and Dissertation Repository
American scholar, Mark Bartholomew, predicted in 2018 that a new kind of neuroscientific evidence would help businesses involved in lawsuits connect their trademarks with the public’s perception of their trademarks. Bartholomew coined the term "neuromarks’ for this evidence. Bartholomew focused on U.S. trademark law. This research demonstrates, looking at both Canada’s domestic law and Canada’s relevant international treaties and trade agreements, that such evidence has not yet been used (in 2022) in trademark litigation in Canadian courts or tribunals but that there appears to be no legal barrier to its use in future in Canada. This research notes that neuroscience …