Teresa Scassa - Blog

Displaying items by tag: Internet

Electronic Commerce and Internet Law in Canada, CCH Canadian Ltd., 2004 (with Michael Deturbide).

This book is the first (and only) Canadian treatise on e-commerce and internet law. It covers a range of topics which include electronic contracts, online consumer protection, data protection and privacy, internet domain names and trademark law, copyright law and the internet, software and e-business patents, the regulation of online speech, and jurisdiction and the internet. Since it was published in 2004, much has changed in this area of law. We are currently working on a second edition of the book, which we hope will be published in 2012.

Published in Books

  • Intellectual Property on the Cyber-Picketline: A Comment on British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378

    "Intellectual Property on the Cyber-Picketline:  A Comment on British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378", (2002) 39 Alberta Law Review 934-962

    This paper is a lengthy and critical comment on the decision of the British Columbia Supreme Court, British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378.. The case remains an important decision on issues of passing off, trademark and copyright infringement relating to websites, domain names and meta tags.  In this paper I explore these issues, all of which may commonly arise in situations of alleged competition between websites.  The case thus provides a context for exploring legitimate and unlawful uses of domain names and meta tags, copyright infringement, and web site design, and touches on the role of s. 22 of the Trade-marks Act.  Because BCAA also occurs in the context of a labour dispute, it raises further issues about intellectual property rights and freedom of expression.  In this context, I examine the balance being struck between monopolistic intellectual property rights and the fundamental right of freedom of expression.






    in Refereed Articles
    Tags: Internet IP
  • Patents for Second Medical Indications: Issues and Implications for Pharmacare in Canada

    "Patents for Second Medical Indications:  Issues and Implications for Pharmacare in Canada", (2001) 9 Health Law Journal 23-59

    This issue of second medical indication patents and their implications is an important one, as it has the potential to raise costs significantly for already cash-strapped provincial drug programs.  It may also have implications for privately funded drug plans, and hence for the cost of private drug insurance programs.  At the very least, it may impose costs on provincial health departments to defend themselves in any potential patent infringement actions taken against them.  It has also been argued that to list drugs as only partially interchangeable in provincial drug formularies will place difficult burdens on pharmacists and those who prescribe drugs, and may expose them directly to patent liability issues.  This paper considers both the issues raised by the decision in Apotex v. Ontario, and the implications for health departments, doctors and pharmacists.






    in Refereed Articles
    Tags: IP
  • Patents for Second Medical Indications: Issues and Implications for Pharmacare in Canada

    "Patents for Second Medical Indications:  Issues and Implications for Pharmacare in Canada" (March 26, 2001).  Report prepared for Health Canada.






    in Reports/Consultations
    Tags: IP
  • The Best Things in Law are Free: Towards Quality Free Public Access to Primary Legal Materials in Canada

    "The Best Things in Law are Free:  Towards Quality Free Public Access to Primary Legal Materials in Canada", (2000) 23 Dalhousie Law Journal 301-336

    This paper examines the move, in the 1990s in Canada, towards making primary legal materials freely available to the public over the internet.   The paper begins by assessing the situation in Canada at the time of writing, and the need for a centralized and harmonized electronic portal for primary legal materials.  I consider initiatives in other jurisdictions aimed at providing comprehensive free public access, and explore the rationales for developing and providing such access.  I explore some of the implications and questions raised by the provision of publicly accessible primary legal materials.  These include the concepts of  “public” and “access”, concerns about information monopolies, the role of lawyers as "infomediaries" and the normative implications of "freeing" the law.






    in Refereed Articles
    Tags: Internet IP
  • Language Policy in the United States


    "Language Policy in the United States", in Sylvie Leger, ed., Towards a Language Agenda:  Futurist Outlook on the United Nations, Canadian Centre for Linguistic Rights, 1996. (Reprinted in a digested version in Le Bulletin, newsletter of the Canadian Centre for Linguistic Rights, 1997).






    in Non-refereed Book Chapters/Articles
    Tags: IP
<< Start < Prev 1 2 3 4 5 6 7 8 9 Next > End >>
Published in Publications-Display
Thursday, 10 June 2010 15:35

Canadian Trademark Law

 Canadian Trademark Law, LexisNexis (Butterworths) Canada, Inc., 2010.

This book is a treatise on Canadian trademark law. While a primary focus of the book is necessarily the Trade-marks Act, a number of other statutes are considered, as well as the extensive body of common law relating to trademarks. The book aims to provide a solid grounding in the basic principles of trademark law, while at the same time exploring some of the contemporary challenges in this area of law. These challenges are brought about by the international movement towards harmonization of norms and procedures, as well as phenomena such as the internet and electronic commerce, the growing problem of counterfeiting, and the use of trademarks in critical and parodic expression.

Published in Books
<< Start < Prev 1 2 3 4 Next > End >>
Page 4 of 4

Canadian Trademark Law

Published in 2015 by Lexis Nexis

Canadian Trademark Law 2d Edition

Buy on LexisNexis

Electronic Commerce and Internet Law in Canada, 2nd Edition

Published in 2012 by CCH Canadian Ltd.

Electronic Commerce and Internet Law in Canada

Buy on CCH Canadian

Intellectual Property for the 21st Century

Intellectual Property Law for the 21st Century:

Interdisciplinary Approaches

Purchase from Irwin Law