Canadian coporate law Essay Example | Topics and Well Written Essays - 2000 words

Canadian coporate law - Essay Example property rights protection and regulation is necessarily founded on the concept that ‘increased innovation† makes it possible for the production of: Canada subscribes to these concepts and its array of intellectual property rights laws adequately prove this. However, in an article written by Myra J. Tawfik, Canada by its ascension to the North American Free Trade Agreement (NAFTA) has been forced to reconcile its domestic intellectual property rights laws with those of its trade partners under NAFTA3. This paper examines Canada’s intellectual property laws and how its obligations under NAFTA have influenced its developments as discussed by Myra Tawfik in the article Intellectual Property Laws in Harmony with NAFTA: The Courts as Mediators Between the Global and the Local. Cumulatively, Canadian intellectual property rights are contained in several difference types of property which include, trademarks, patents, copyright, â€Å"industrial designs, integrated circuit topography and plant breeders’ rights.†4 The breadth of the Canadian Intellectual property rights protection encapsulate the exclusive right of the licensed owner of intellectual property to permit others to use the protected property and to take steps to prevent unauthorized use of the protected property.5 Essentially a trade mark is a unique identifying element such as words and/or designs that distinguishes the product from any other.6 Canadian intellectual property laws recognize two distinguishing features of note, the â€Å"distinguishing guise† and the â€Å"certification mark.†7 A distinguishing guise generally refers to the manner in which the product is presented to the public. In Daniel Shear’s example, the unique shape of the Coca Cola bottle is a distinguishing guise.8 Likewise the certification mark is a distinguishing mark used to identify a product which meets minimum standards.9 Under Canadian law, a trade mark can be protected under the tort of passing off