Trademarks and Patents

Course number: LAW 3026

The course aims to provide an in-depth examination of the law of Trade-marks and Patents, including underlying policy objectives.


COURSE CONTENT: This course deals with two principal mechanisms for protecting intellectual property rights: Trade-marks, and Patents. Part I of the course covers Canada’s law of trade-marks which consists of the law of unregistered trade-marks, that is, the tort of Passing Off, and the statutory regime under the Trade-marks Act. Part II examines the protection of innovative products and processes under the Patent Act. Topics to be examined include the requirements for grant of a patent; subject-matter for a patent; and remedies for infringement of patents. Contemporary controversies relating to the patenting of living matter and life forms will be explored.

In addition, the course examines international aspects of intellectual property law, including extra-territorial protection of intellectual property rights and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

TEACHING METHOD: Instruction is by lecture. However, class participation is essential. Students are expected to study material in advance of each class.

ASSESSMENT/EVALUATION: 100% Open-book Examination.


INSTRUCTOR: Michael Jason

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