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While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v. Vapor Canada Ltd. that civil remedies pertaining to trade secrets fall within the provincial power over property and civil rights. [12]
Critics of the Ontario Court of Appeal's interpretation of the Act in Molson argue that giving priority to registration strays from a fundamental precept of trade-mark law that owners' rights derive from use, not registration. [22] However, even under the Act it is not correct to say that registration makes a person the owner of a trademark ...
Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.. A 'patent' is a government grant that gives the inventor—as well as their heirs, executors, and assignees—the exclusive right within Canada to make, use, and/or sell the claimed invention during the term of the patent, subject to adjudication.
Canadian property law, or property law in Canada, is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property. The laws vary between local municipal levels, up to provincial and then a countrywide federal level of government.
Industrial design registration provides protection for the original visual features of a product. CIPO administers the Industrial Design Act and the Industrial Design Regulations. [18] CIPO is responsible for processing filings, conducting examinations and approving or refusing applications. [19]
Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.
The Canadian Intellectual Property Office (CIPO), part of Industry Canada, administers intellectual property laws concerning the registration of patents, trade-marks, copyrights, industrial designs and integrated circuit topographies. [93]
Accelerating Access to Justice Act, 2021; Access to Adoption Records Act; Accessibility for Ontarians with Disabilities Act, 2005; Adoption Information Disclosure Act; Alcohol and Gaming Regulation and Public Protection Act (Ontario) An Act to Protect Anaphylactic Pupils; Apology Act, 2009