Teresa Scassa - Blog

Tuesday, 29 September 2015 13:50

Second Edition of Canadian Trademark Law Just Published

Written by  Teresa Scassa
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It’s not easy to write about an area of law that is in a significant state of flux, but that is what I have tried to do in the second edition of my book titled Canadian Trademark Law, which has just rolled off the presses at Lexis Nexis Canada.

This book expands and updates the first edition, which provided a comprehensive account of trademark law in Canada. In the second edition, I take into account the recent significant changes brought about by the Combating Counterfeit Products Act and the Economic Action Plan 2014 Act, and discusses the impact yet to come as key (and in some cases controversial) provisions of these bills take effect in the not too distant future. These will include an expanded definition of what can constitute a trademark; significant changes to registration requirements; and a new, shorter term of protection. Many of the changes still to come are those necessary to implement the Singapore Treaty and the Madrid Protocol. Once the requisite regulations are in place and the new provisions take effect, Canada’s law will be substantially more harmonized with the laws of other countries, and international trademark registrations will be available to Canadian companies.

In addition to its coverage of core trademark law principles and jurisprudence, Canadian Trademark Law (2d ed.) has specific chapters dedicated to contemporary issues. These include parallel importation and counterfeiting, trademark infringement on the internet, and trademarks and freedom of expression.

In the book I have tried to navigate a turbulent period in Canadian trademark law by discussing not only the law as it stands today, but the law as it will likely be once pending amendments take effect. Each chapter ends with a series of point-form highlights of the key legislative changes that will affect the specific area of the law discussed in that chapter. The book also contains a lengthy appendix which attempts to show in tabular form what amendments are now in effect, which ones are likely eventually to take effect, and which ones will most likely be superseded by other amendments.

 

Last modified on Tuesday, 29 September 2015 14:01
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