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In the age of information, the ability to protect a client's rights in intellectual property can be as important as the creation of that property itself. Like a right without a remedy, a proprietary asset without legal recognition may be no asset at all. So, while patent applications or industrial design issues may be best left to intellectual property specialists, a sound appreciation of the law and the issues shouldn't be.
Newly revised and thoroughly updated, Halsbury's Laws of Canada - Patents, Trade Secrets and Industrial Designs (2012 Reissue) is the ideal source for authoritative commentary on this always important subject. Authored by two of Canada's leading intellectual property experts, it clearly delineates the law governing patents of invention in Canada, as codified by the Patent Act, as well as the law pertaining to trade secrets and industrial design.
Topics covered include:
Patents of Invention
- The legislative framework
- Jurisdiction
- Patent Act , Competition Act and international conventions patentable subject matter
- Art, process, novelty, utility, obviousness, improvements
- Exemptions and exclusions
- Double patenting
- Foreign patents
- Fraud
- Technical requirements
- Patent applications
- Persons entitled to apply
- Contents, format and publication
- Priority
- Withdrawal, abandonment and reinstatement
- International applications
- Patent claims
- Construction of claims
- Limitations
- Biological material
- Patent validity and infringement
- Categories of infringement
- Imports and exports
- Actions for infringement
- Defences and exemptions
- Actions for impeachment
- Patent ownership, assignment and licensing
- Reissue, disclaimer, re-examination and dedication
- Offences and judicial review of Commissioner's decisions
- Patented medicines
- Prices review board
- Regulatory framework
- Court orders
- Generic's right to compensation
Trade Secrets
- Jurisdiction
- Obligations of directors, officers and former employees
- Actions to restrain misuse
Industrial Designs
- Relationship with trademarks, patents and copyright
- Legislation, jurisdiction and convention
- Registrable designs
- Application for industrial design
- Entitlement and procedure
- General requirements and contents of application
- Appeals
- Registration, ownership and license
- Infringement procedures and remedies
Special Features
- Enhanced Contents
- General table of contents to the level of chapter headings
- Detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and Abbreviations -An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning.
- Selected Secondary Sources -Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful.
- Glossary of Definitions -Identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions.
Plus:
- Table of Cases
- Table of Statutes and Statutory Instruments
- List of Related Titles
- Index
I. Patents of Invention
1. Applicable Law
2. Subject Matter
3. Patentability
4. Specification and Claims
5. Validity
6. Infringement
7. Impeachment
8. Application for Patent
9. Reissue, Disclaimer, Re-Examination and Dedication
10. Judicial Review of Commissioner’s Decision
11. Ownership and License
12. Offences
13. Patented Medicines
II. Trade Secrets
1. Definitions
2. Jurisdiction
3. Obligations
4. Actions to Restrain Misuse
III. Industrial Designs
1. General
2. Registrable Designs
3. Application
4. Registration
5. Ownership and License
6. Infringement
The Honourable Mr. Justice Roger T. Hughes & Dino P. Clarizio
The Honourable Mr. Justice Roger T. Hughes, B.Sc., LL.B., was appointed as a Judge of the Federal Court and ex officio member of the Federal Court of Appeal in 2005. Justice Hughes was formerly a partner of the law firm Sim, Hughes, Ashton & McKay LLP. He was designated as a Certified Specialist in intellectual property law and civil litigation by the Law Society of Upper Canada, and is a Fellow of the Intellectual Property Institute of Canada. He is the author of several texts in the litigation and intellectual property fields, including & Woodley on Patents, Second Edition, Patent Legislation & Commentary, 2012 Edition, and the Halsbury’s Laws of Canada titles on Copyright and Trade-marks. He has published numerous papers and is a frequent speaker on diverse topics, including court practice and procedure, patent, trade-mark and copyright law, and media and entertainment law. Justice Hughes has appeared as counsel in all levels of court, including the Supreme Court of Canada, in a large number of cases, mainly in the intellectual property field.
Dino P. Clarizio, B.Eng., LL.B., is a partner at Goodmans LLP. He is a Registered Patent Agent (Canada and the United States), and a Registered Trademark Agent (Canada). His law practice focuses on intellectual property litigation, and in particular patent litigation, as well as patent prosecution. He has appeared in the Ontario Courts, Federal Courts and the Supreme Court of Canada. He sits on several committees with the Intellectual Property Institute of Canada, and is a former member of the Patent Agent Examination Board. He is the co-author, with Justice Hughes, of Hughes & Woodley on Patents, Second Edition. He has also published many articles and co-authored several other chapters in books pertaining to intellectual property, including patents and trade secrets.
International