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Full-Text Articles in Law
Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver
Advocacy In Ip Litigation In The Supreme Court: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, David Vaver
David Vaver
The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada shares his thoughts regarding the five important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.
Generalist Judges, Technical Expertise, And The Standard Of Review: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, Giuseppina D'Agostino, David Vaver
Generalist Judges, Technical Expertise, And The Standard Of Review: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, Giuseppina D'Agostino, David Vaver
David Vaver
The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada discusses the nexus between specialist technical expertise and the generalism of judges of courts of appeal, as well as commenting on the peculiar direction for the standard of review of the various administrative bodies that govern most IP matters.
Territoriality Of Trade Marks In A Post-National Era, Graeme B. Dinwoodie, David Vaver
Territoriality Of Trade Marks In A Post-National Era, Graeme B. Dinwoodie, David Vaver
David Vaver
Professor Dinwoodie discusses the "Territoriality of Trade Marks in a Post-National Era"; proposing that a cardinal principle of IP law is that it is territorial, and it has always been that way even within the international systems since the late 19th century. However, global trade and social changes along with the creation of the online marketplace have called into question the practical relevance of this territoriality principle.There is a growing gap between the global reach of trade and the local nature of IP law, and what should be of interest to us is how we respond to this gap between …