Editor: Ronald E. Dimock
Intellectual Property Disputes: Resolutions and Remedies is designed to fill the void linking the advances in intellectual property law with the law of remedies in Canada by providing a comprehensive and integrated resource for understanding intellectual property law and remedies. The publication is a ready reference for lawyers, whether intellectual property specialists or not, about the nature of disputes in intellectual property, how they arise, how they can be avoided or managed and if they cannot be resolved without court intervention, what, if any, remedies are available to the parties in such disputes. The book is written to be both authoritative and practical. Perspective is given from both sides of a dispute and in many cases preferred practice steps and courses of actions are suggested. The chapters contain enough information that a general practitioner, in-house counsel, student or other individual, confronted perhaps for the first time with an intellectual property issue or dispute, could achieve a level of understanding necessary to be able to move forward. Intellectual property practitioners will also benefit from using the text for reference to statutory and case law in writing opinions or arguing cases and learning from the practical examples and litigation strategies offered throughout. The book provides a comprehensive review of the law in the major areas of intellectual property law updated for the twenty-first century. In these chapters on patents, trade-marks, designs, copyright and trade-secrets, disputes are reviewed in detail and the resolutions and remedies are considered in general terms. In addition to the classic core fields, specialist chapters on Competition Law, Pharmaceuticals, the Internet and Computers, review the special concerns and problems faced in these areas. Chapters covering the litigation process and its alternatives represent a major resource for serious intellectual property practitioners and a comprehensive overview for commercial litigators who find their practices straying into intellectual property issues. The final part of the book deals with remedies. This publication alerts counsel to the complexities inherent in the determination of both injunctions and money damages in intellectual property law cases and provides authoritative guidance so that decisions and actions are made on a fully informed basis. The book is accompanied by a CD-ROM which includes full text case law decisions from Canada and the United States that are discussed by the authors in the print publication. An appendix including relevant full text legislation and significant pending legislation has also been added to the publication.
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