Teresa Scassa - Blog

Publications - Intellectual Property Law

  • Foreword

    “Foreword” to Ikechi Mgbeoji, Biopiracy, UBC Press, 2005.






    in Other publications
    Tags: IP
  • Users’ Rights in the Balance: Recent Developments in Copyright Law at the Supreme Court of Canada

    “Users’ Rights in the Balance:  Recent Developments in Copyright Law at the Supreme Court of Canada”, (2005) 22 Canadian Intellectual Property Review 133-146

    A series of recent decisions on copyright law issues by the Supreme Court of Canada has touched on a wide range of key substantive issues in that area of law.  The result is, at least in theory, a re-configuration of some of the central rights and principles in copyright law.  The decisions come after a fairly lengthy period in which Supreme Court guidance on copyright issues was noticeably absent.  They also come at a time when the digital age is placing increased stresses on copyright law and its underlying principles.  In this paper I will consider four main issues addressed by the Supreme Court in the decisions in Théberge v. Galerie d’art du Petit Champlain, CCH Canadian Ltd. v. Law Society of Upper Canada, and SOCAN v. CAIP.  These are:  the purpose of copyright, the rights of owners of copyright, limits on copyrightable subject matter, and users’ rights. 






    in Refereed Articles
    Tags: IP
  • Interests in the Balance

    “Interests in the Balance”, Book Chapter in Michael Geist, ed., In the Public Interest – The Future of Canadian Copyright Law, Irwin Law, 2005 (pp. 41-65)


    In this paper, the author explores the ambiguities and inconsistencies in the Supreme Court of Canada’s latest articulation of the balance to be struck in copyright law. She considers whether the balancing of interests is to be approached by courts based on, or independently of, the balance struck in the legislation. She argues that the identified interests of ‘creators’, ‘users’ and the public should be understood in a textured way, and that the interests of ‘owners’ should neither be forgotten nor conflated with those of creators of works.






    in Refereed Book Chapters
    Tags: IP
  • “Nickled and Dimed: The Dispute over Intellectual Property Rights in the Bluenose II”, (2004) 27 Dalhousie Law Journal 293-320

    “Nickled and Dimed:  The Dispute over Intellectual Property Rights in the Bluenose II”, (2004) 27 Dalhousie Law Journal 293-320

    The Bluenose Schooner forms part of the folk history of Nova Scotia, and is a Canadian icon.  Popular assumptions that its name and image formed part of the public domain were put to the test in 2003 when the Bluenose II Preservation Trust Society brought suit against a Halifax business for infringement of its official marks, trademarks and copyrights relating to the ship and its name.  The litigation garnered local and national media attention, and the provincial government soon became involved in the dispute. In this article, I provide some background to the dispute before moving on to consider the merits of the trademark and copyright claims.  Because the infringement suit was eventually dropped as part of an agreement between the Trust and the Province of Nova Scotia, the legal issues raised by this case remain unresolved.  I argue hat the intellectual property claims of the Trust were largely without merit. I criticize the official marks regime under the Trade-marks Act, and discuss the boundaries between intellectual property and the public domain.






    in Refereed Articles
    Tags: IP
  • Intellectual Property in the Digital Age

    “Intellectual Property in the Digital Age”, Book chapter, in Karen Adams & William F. Birdsall, eds., Access to Information in a Digital World, Canadian Library Association, 2004 (pp. 31-62).






    in Non-refereed Book Chapters/Articles
    Tags: IP
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Canadian Trademark Law

Published in 2015 by Lexis Nexis

Canadian Trademark Law 2d Edition

Buy on LexisNexis

Electronic Commerce and Internet Law in Canada, 2nd Edition

Published in 2012 by CCH Canadian Ltd.

Electronic Commerce and Internet Law in Canada

Buy on CCH Canadian

Intellectual Property for the 21st Century

Intellectual Property Law for the 21st Century:

Interdisciplinary Approaches

Purchase from Irwin Law