LIMITATIONS IN INTELLECTUAL PROPERTY: THE TIME IS OUT OF JOINT

Authors

  • DAVID VAVER

Abstract

The question whether a right is barred through effluxion of time is one that should be easily ascertained and understood. This is as true for intellectual properly law as for any other area. The laws establishing copyrights, patents, designs, trademarks, plant breeders' rights and integrated circuit topography rights do not, however, live up to this standard. Instead they create traps for both common and civil lawyers. The author argues that the present confusion should be eliminated by the passage of a single federal limitation statute applying to all intellectual property and drawing from the principles found in the more recently reformed provincial limitation laws.

Keywords:

Intellectual Property

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Published

1994-12-01

Issue

Section

Legal Commentary

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