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Full-Text Articles in Law
Copyright In Canada: The New Millennium, David Vaver
Copyright In Canada: The New Millennium, David Vaver
David Vaver
No abstract provided.
Copyright In Foreign Works: Canada's International Obligations, David Vaver
Copyright In Foreign Works: Canada's International Obligations, David Vaver
David Vaver
It is anticipated that proposals for a complete overhaul of the copyright laws will be presented to the Canadian Parliament in the very near future. The new legislation will likely extend protection to works and grant rights beyond those existing under the current Copyright Act of 1924. This study examines the extent to which any new legislation must grant national treatment to foreign works, particularly technologies that have developed and rights that have been proposed since the 1924 Act. The focus is on Canada's obligations under the Berne Convention for the Protection of Literary and Artistic Works and under the …
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.
Snooping, Privacy And Precedent In Ontario, David Vaver
Snooping, Privacy And Precedent In Ontario, David Vaver
David Vaver
No abstract provided.
Intellectual Property Today: Of Myths And Paradoxes, David Vaver
Intellectual Property Today: Of Myths And Paradoxes, David Vaver
David Vaver
It is often claimed or assumed that intellectual property laws are necessary to encourage individual creativity and inventiveness and that society would be worse off without such laws. This article suggests that, in the field of copyrights and patents at least, such claims rest on myth and paradox rather than proof, and should be viewed sceptically. With its minimal standards for eligibility, copyright today seems less concerned with authors, art and literature than with protecting the distributors of standardized industrial products, and sometimes is even used to prevent the dissemination of knowledge by becoming a tool of censorship. Patent law …
Copyright Law, David Vaver
Copyright Law, David Vaver
David Vaver
The explosive growth in communication technologies has put enormous strains on the law, no more so than on the law of copyright. In this book, David Vaver examines how the modern law of copyright and moral rights is coping with the new technologies. He provides a detailed, authoritative analysis of the most recent changes to the Copyright Act and their impact on copyright holders and users, including educational institutions, libraries, and archives. Copyright Law, like its companion volume Intellectual Property Law by the same author, is written in a lively non-technical style. It examines in greater depth than the earlier …
Copyright Inside The Law Library, David Vaver
Summary Expungement Of Registered Trade Marks On The Ground Of Non-Use, David Vaver
Summary Expungement Of Registered Trade Marks On The Ground Of Non-Use, David Vaver
David Vaver
A person who obtains registration of a trade mark under the Trade Marks Act' acquires a very valuable right. Unless his registration is shown to be in-valid, he may prevent anyone else using the same trade mark anywhere inCanada on any of the wares or services to which his registration extends. In addition, the registrant may prevent the use of a confusing trade mark or trade name, namely, any mark or name, whether in respect of the same wares or services or others, which would likely lead to the inference that the latter's wares, services or business are associated with …
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.
The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 2], David Vaver
The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 2], David Vaver
David Vaver
No abstract provided.
Authors' Moral Rights: Reform Proposals In Canada: Charter Or Barter Of Rights For Creators?, David Vaver
Authors' Moral Rights: Reform Proposals In Canada: Charter Or Barter Of Rights For Creators?, David Vaver
David Vaver
No abstract provided.
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
David Vaver
The recent decision of the British Columbia Court of Appeal in Smyth v. Szep once again canvasses the validity of releases signed by injured victims in favour of insurance companies and once again plunges into the murky waters of contractual unconscionability. Both issues have become more or less permanent squatters on judicial calendars throughout North America, and it seems worthwhile to consider why this is so and whether something can be done to reduce their tenure at least in Canada.
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 …
Reforming Intellectual Property Law: An Obvious And Not-So-Obvious Agenda, David Vaver
Reforming Intellectual Property Law: An Obvious And Not-So-Obvious Agenda, David Vaver
David Vaver
No abstract provided.
The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 1], David Vaver
The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 1], David Vaver
David Vaver
States are constantly engaged in the process of revising or amending their copyright laws to cope with the pressures of new technologies and the demands of various classes of persons or entities who wish to acquire new rights over copyright works. Since most states are now parties to either or both the Revised Berne Convention (RBC) and the Universal Copyright Convention (UCC), they are aware that any reform of their laws must comply with the obligations imposed by these Conventions. Currently the United States, which is bound only by the UCC, is considering what changes may be necessary to its …
The Copyright Amendments Of 1997, David Vaver
Limitations In Intellectual Property: "The Time Is Out Of Joint", David Vaver
Limitations In Intellectual Property: "The Time Is Out Of Joint", David Vaver
David Vaver
The question whether a right is barred through effluxion of time is one that should be easily ascertained and understood. This is as true for intellectual properly law as for any other area. The laws establishing copyrights, patents, designs, trademarks, plant breeders' rights and integrated circuit topography rights do not, however, live up to this standard. Instead they create traps for both common and civil lawyers. The author argues that the present confusion should be eliminated by the passage of a single federal limitation statute applying to all intellectual property and drawing from the principles found in the more recently …