Halsbury's Laws of Canada - Patents, Trade Secrets and Industrial Designs (2012 Reissue)
Publisher: LexisNexis Canada
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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
- Patent Act , Competition Act and international conventions patentable subject matter
- Art, process, novelty, utility, obviousness, improvements
- Exemptions and exclusions
- Double patenting
- Foreign patents
- Technical requirements
- Patent applications
- Persons entitled to apply
- Contents, format and publication
- Withdrawal, abandonment and reinstatement
- International applications
- Patent claims
- Construction of claims
- 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
- Obligations of directors, officers and former employees
- Actions to restrain misuse
- 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
- Registration, ownership and license
- Infringement procedures and remedies
- 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.
Table of Contents
I. Patents of Invention
- Table of Cases
- Table of Statutes and Statutory Instruments
- List of Related Titles
1. Applicable Law
2. Subject Matter
4. Specification and Claims
8. Application for Patent
9. Reissue, Disclaimer, Re-Examination and Dedication
10. Judicial Review of Commissioner's Decision
11. Ownership and License
13. Patented MedicinesII. Trade Secrets
4. Actions to Restrain MisuseIII. Industrial Designs
2. Registrable Designs
5. Ownership and License
The Honourable Mr. Justice Roger T. Hughes & Dino Clarizio
The Honourable Mr. Justice Roger T. Hughes
is a Judge of the Federal Court of Canada. Justice Hughes is the author of several texts in the litigation and intellectual property field, including Federal Courts of Canada Service, 2nd Edition; Canadian Federal Courts Practice; Hughes on Copyright and Industrial Design, 2nd Edition; Hughes & Woodley on Patents, 2nd Edition; Hughes on Trade Marks, 2nd Edition; Patent Legislation & Commentary
(annual publication); Trade-marks Act & Commentary
(annual publication); Canadian Forms & Precedents – Intellectual Property; Canadian Forms & Precedents – Licensing; Halsbury's® Laws of Canada – Trade-marks, Passing Off and Unfair Competition; and Halsbury's® Laws of Canada – Patents, Trade Secrets and Industrial Designs
, all published by LexisNexis® Canada. As counsel, Justice Hughes has appeared in all levels of court, including the Supreme Court of Canada, in a large number of cases, mainly in the intellectual property field.Dino Clarizio. B. Eng., LL.B.
, is a partner in the Litigation Group of Goodmans LLP in Toronto. He is a Registered Patent Agent (Canada and the United States) and a Registered Trademarks Agent (Canada). His practice focuses on all aspects of intellectual property litigation, particularly patent litigation in the chemical/pharmaceutical areas. He has appeared in the trial and appeal levels of the Federal Court, and in the Supreme Court of Canada. He is the co-author with the Honourable Mr. Justice Roger Hughes of Hughes & Woodley on Patents, Second Edition
and of Halsbury's Laws of Canada – Patents, Trade Secrets and Industrial Designs
. He is an active member of the Intellectual Property Institute of Canada and a current tutor of IPIC's Patent Agent Tutorials.
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