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Full-Text Articles in Law
Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance
Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance
Michigan Telecommunications & Technology Law Review
Federal law grants owners of intellectual property rights different degrees of control over parallel imports depending on the nature of their exclusive rights. While trademark owners enjoy strong control over unauthorized imports bearing their marks, their protection is less comprehensive than that granted to owners of copyrights and patents. To broaden their rights, some trademark owners have incorporated copyrighted material into their products or packaging, enabling them to block otherwise lawful imports in contravention of the policies underlying trademark law. A 2013 Supreme Court decision has significantly narrowed the importation ban of copyright law, but there may be pressure to …
Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas
Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas
Chicago-Kent Journal of Intellectual Property
Canadian law provides little protection for individuals and corporations against industrial espionage. Akin to the United States' Economic Espionage Act of 1996-with its broad definition of "trade secret" and accompanying protections and remedies-we propose that Canada enact legislation at the federal level to remedy many of the deficiencies that arise in bringing a claim under the usual breach of confidence action.