Compares Canadian law and legal practices regarding trade mark and patent infringement remedies.
Written in 2008; 2,285 words; 4 sources; MLA; $ 70.95
Paper Summary:
This paper explains that, while the legal debates over trade-mark and patent infringement remedies are analogous because both involve some infringement of intellectual properties, clear similarities and differences exist between these two areas of litigation. The author points out that a comparison and contrast of the remedies available in cases of trade-mark and patent infringement suggest that they often differ not so much in the general remedies themselves but in the particulars of their implementation. The paper argues that the belief that remedies are to be treated more as an afterthought than an independent area of study is no longer possible or desirable in the contemporary context.
Table of Contents:
Comparison and Contrast
Reflections
From the Paper:
"These Anton Piller orders represent a significant difference between remedies for trade-mark and patent infringement as they reflect how the phenomenon of piracy has developed and evolved in recent years. In such examples, the piracy of intellectual property has no clear analogue in the area of patent infringement. The counterfeiting of products and the deliberate infringement upon trade-marks in order to pass a product off as the work of a previously existing company/organization with a registered trade-mark is a phenomenon of increasing concern today."
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