This chapter reviews the emergence of intellectual property (IP) norms in the areas of copyright, trademarks, patents, and designs in Canadian law from the early days of the Dominion’s complex relationship with British IP statutes and policy to a time of progressive independence from those statutes. It then reviews more recent changes, some of which were made to bring Canada’s laws into line with major international registration systems. Canada has also been ready to experiment with variations on IP themes. This is visible both in statutes and in decisions by the Supreme Court of Canada. The impact of the bijural nature of Canada’s legal system and its proximity to the United States are also discussed: Canada has integrated civil law notions into an edifice constructed mostly of common law bricks, and must confront demands from its most important trading partner in adapting its intellectual property framework.
Fabrício Bertini Pasquot Polido and Mônica Steffen Guise Rosina
This chapter analyses the emergence and development of intellectual property (IP) systems in South America as they have evolved since the early Pan-American treaties and the Paris and Berne Conventions, and how they have been influenced by national constitutions, domestic laws, and—most recently—international trade agreements. It highlights the coexistence of distinct landscapes for several decades before the TRIPs Agreement entered into force and brought minimum standards of harmonization. Before that, IP regimes in South America matured according to each country’s own conception of IP, resulting in different national statutes and constitutional provisions and producing a unique regional IP legal and policy landscape. From a regional perspective, South America has made efforts to create local systems of IP protection, but with limited success. The result is a fragmented system that still needs to relate to multilateral and bilateral rules, creating a challenging regulatory environment.
Caroline B. Ncube
This chapter provides a historical account of the development of intellectual property (IP) law on the African continent, and how IP systems and their transposed legislation displaced existing knowledge governance systems. It discusses how the entrenched primarily extractor-biased IP system in the post-TRIPs era led to a compliance confidence crisis in which ill-equipped African states were overwhelmed by the political dynamics that led to a compliance overdrive manifested in developing countries and least-developed countries (LDCs) enacting provisions they were not required to enact under prevailing transitional periods. In this context, it canvasses the continent’s attempt to leverage fully TRIPS flexibilities, and discusses the current continental IP system. It briefly considers the protection of traditional knowledge and plant varieties as exemplars of aspects of IP that are critical to the continent due to the nature of the primacy of a traditional way of life for a significant portion of its population.