Canadian Lawyer

October 2009

The most widely read magazine for Canadian lawyers

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Presented by LEGAL REPORT: INTELLECTUAL PROPERTY ATLANTIC CANADA POWER SUMMIT October 5 – 6 | Saint John E-DISCOVERY and E-DOCUMENTS October 19 | Montréal ENTERTAINMENT SUMMIT October 19 – 20 | Toronto CLINICAL TRIALS October 19 – 20 | Toronto INFRASTRUCTURE PROJECTS October 19 – 20 | Toronto CFO SUMMIT October 21 – 22 | Toronto E-HEALTH October 21 – 22 | Halifax October 26 – 27 | Calgary December 7 – 8 | Toronto ABORIGINAL LAW October 26 – 27 | Toronto LAW TECH CANADA November 16 – 17 | Toronto MAJOR BUSINESS AGREEMENTS November 19 – 20 | Chicago NON-PROFIT and CHARITY SEMINAR November 23 – 24 | Toronto CANADIAN SECURITIES REGULATION COURSE November 23 – 24 | Toronto CANADIAN TELECOMMUNICATIONS FORUM November 30 – December 1 | Toronto CLINICAL TRIALS SITE MANAGEMENT November 30 – December 1 | Montréal Media Partner ENROLL TODAY! 1 888 777-1707 www.insightinfo.com ntitled-1 1 music themselves but merely allow users to find them. But in recent litigation against the owners of that site, Swedish provisions against making copyrighted materials available in the first place were key to convicting those associated with The Pirate Bay, says Levy. What will happen in the CanWest parody case, meanwhile, remains an open question given what lawyers say is the lack of a rich body of precedent LUDLOWLAW INTELLECTUAL PROPERTY LAW & ADVOCACY Gregory C. Ludlow, B.A., LL.B., C.S. David G. Allsebrook, M.B.A., LL.B., B.C.L. Assisting enterprises in acquiring and enforcing suitable protection for their creative ideas. C.S. Certified Specialist: Intellectual Property (Trade-Mark & Copyright) Law CRE A TI V I TY I NNOV A TI ON B RANDI NG 1400 – 439 University Avenue, Toronto, Ontario M5G 1Y8 Tel: 416-408-4565 Fax: 416-408-4569 www.lud lowlaw. c a on the issue. Jason Gratl, a Vancouver lawyer acting for defendant Murray, says the result will be an important one, particularly since he'll likely be raising constitutional arguments. "It's squarely a freedom of expression issue," he says. "From the defendants' point of view, the purpose of that case is to interpret intellectual property torts to not include parody or, alternatively, strike down any statutes that do include parody as an art form subject to limits." Particularly vex- ing for him is the fact that in his esti- mation, CanWest has been unable to prove it suffered any losses from the publication of the fake Sun. While the 12,000- copy edition left in newspaper boxes and rapid transit 2/11/09 9:36:50 AM Parallel Importation Rose Ann MacGillivray A controversial subject touching on international trade policy, competition law and intellectual property rights This unique and comprehensive tool for identifying and litigating parallel import cases uses an unbiased, multi-disciplinary approach to exploring the tensions, issues and arguments. Use it to negotiate the boundaries of intellectual property, competition and international trade law. Parallel Importation incorporates both practical and theoretical perspectives. Key cases are summarized and discussed with reference to relevant legislation from Canada, the United States and the European Union. Expand your clients' opportunities with the only resource that deals with parallel importation from a Canadian perspective. This often murky area of law is addressed with reference to law, economics and business to provide a clear, incisive analysis. ORDER your copy today Hardbound • Approx. 250 pp • October 2009 • $95 P/C 0177010000 • ISBN 978-0-88804-492-1 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. ntitled-1 1 40 OC T OBER 2009 www. C ANADIAN Law ye rmag.com 9/11/09 11:20:26 AM CL1009 MacGillivray_Parallel Importation (CL 1-3sq).indd 1 9/14/09 3:58:32 PM

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