An Emerging Intellectual Property Paradigm

An Emerging Intellectual Property Paradigm

Perspectives from Canada

Queen Mary Studies in Intellectual Property series

Edited by Ysolde Gendreau

This book brings together contributions from reputed experts on Canadian intellectual property law which highlight its special features. Situated at the crossroads between legal traditions in Europe and the United States, Canada’s intellectual property laws blend various elements from these regions and can offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyrights, covering both historical and contemporary developments. They are designed to bring perspective and reflection upon what has become in recent years a very rich intellectual property environment.

Chapter 12: Surfacing: The Canadian Intellectual Property Identity

Ysolde Gendreau

Subjects: law - academic, intellectual property law

Extract

Ysolde Gendreau To assert one’s own voice in the concert of nations: here is an endeavour that may seem almost foolhardy in the contemporary world of intellectual property. In an age of increasing globalisation – to use a worn out phrase – few countries are able to express loudly their identity and run counter to the waves of international harmonisation. Who, indeed, can afford to be isolated? Increasingly, the positions that may be exemplified by one country’s stance are perceived as representative of positions that are shared by a recognised community of nations. To wit, the debate in South Africa on the price exacted on patented anti-HIV drugs in the 1990s has been emblematic of the views held by developing countries on drug patents and even patents in general. After all, which country does not elaborate intellectual property policies in light of its overall political and commercial alliances? Of course, such political and commercial contexts do not by themselves account for all the policy decisions that a country may make. The degree of integration with others that countries experience is one factor that can influence the situation: it is easy to appreciate that the intellectual property laws of a European Community country are much more dictated on an on-going basis by community principles than those of a member country of the North American Free Trade Agreement can be by the terms of that text.1 Moreover, the strength of that country’s intellectual property heritage will also bear upon its integration of those common...

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