Teresa Scassa - Blog

Publications - Intellectual Property Law

  • Extension of Intellectual Property Rights

    “Extension of Intellectual Property Rights”, prepared for the Competition Bureau and Industry Canada, April, 2007.

    in Reports/Consultations
    Tags: IP
  • What Rights Pertain in a Photo of Artwork?

    “What Rights Pertain in a Photo of Artwork?”, Lawyers Weekly, July 21, 2006, p. 14.

    in Other publications
    Tags: IP
  • Patent Law at the Supreme Court of Canada: A Healthy Balance?

    “Patent Law at the Supreme Court of Canada: A Healthy Balance?”, in Jocelyn Downie & Elaine Gibson, eds., Health Law at the Supreme Court of Canada. Irwin Law Books, 2006, pp. 337-364

    In the health care context, the boundaries of private ownership rights over innovation in the fields of biotechnology and pharmaceuticals and the scope of the public domain have important implications for research and development, for cost to both the public purse and to private individuals, and ultimately for access to treatment. An approach which places limits and sets boundaries is therefore often favoured by those concerned about these areas of activity. By contrast, the pharmaceutical industry has emphasized the importance of strong and broad patent rights, arguing that they provide the necessary incentive for continued research and development.

    This paper explores these tensions in the context of the decisions of the Supreme Court of Canada. The first section of the paper explores the Court’s recent statements on the purpose of patent law, with a particular focus on statements of purpose in health law related cases. After a consideration of the general statements of purpose made in the cases, the paper examines how these statements influence the interpretation and outcomes in key cases.

                The second section of the paper examines the Court’s approach to interpreting the scope of patents. As the Court has pointed out, a patent is a regulation within the meaning of the Interpretation Act. Thus the interpretation of the scope of the patent granted, also referred to as “claims construction,” is a second level of judicial interpretive activity. The paper considers recent key decisions of the Court in which it details the proper approach to claims construction in light of the stated purposes of patent legislation.

    in Refereed Book Chapters
    Tags: IP
  • Distinguishing Functional Literary Works from Compilations: Issues in Originality and Infringement Analysis

    “Distinguishing Functional Literary Works from Compilations: Issues in Originality and Infringement Analysis”, (2006) 19 Intellectual Property Journal 253-269

    In CCH Canadian v. Law Society of Upper Canada, the Supreme Court of Canada set out the standard for originality in Canadian copyright law.  Originality was a central issue in the recent decision of the Quebec Court of Appeal in Bonnette c. Dominion Blueline Inc.  In this paper, the author examines how the Court of Appeal applied the new standard of originality.  In the course of the analysis, the author establishes the importance of properly distinguishing between functional literary works and compilations both for an analysis of originality and for the infringement analysis.

    in Refereed Articles
    Tags: IP
  • Book Review: Math You Can’t Use: Patents, Copyright, and Software by Ben Klemens

    Book Review:  Math You Can’t Use:  Patents, Copyright, and Software by Ben Klemens.  Washington D.C., Brookings Institution Press, 2006. (2006) 44 Canadian Business Law Journal 147-157.

    in Book Reviews
    Tags: IP
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Canadian Trademark Law

Published in 2015 by Lexis Nexis

Canadian Trademark Law 2d Edition

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Electronic Commerce and Internet Law in Canada, 2nd Edition

Published in 2012 by CCH Canadian Ltd.

Electronic Commerce and Internet Law in Canada

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Intellectual Property for the 21st Century

Intellectual Property Law for the 21st Century:

Interdisciplinary Approaches

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