The Art of Selling Chocolate: Remarks on Copyright’s Domain

From "Radical Extremism" to "Balanced Copyright" : Canadian Copyright and the Digital Agenda

Chapter Five

The Art of Selling Chocolate: Remarks on Copyright’s Domain
Abraham Drassinower

On 27 July 2007, the Supreme Court of Canada released a significant de- cision dealing with copyright and parallel imports, Euro-Excellence Inc. v. Kraft Canada Inc. The decision is truly extraordinary. It offers an oppor- tunity to study systematically the interaction of several copyright issues: including the rights (or lack thereof) of exclusive licensees as plaintiffs in parallel import situations, the distinction between exclusive licensees and assignees, the nature of works of authorship, the characteristics of copy- right infringement, the status of copyrightable works when used as trade- marked logos, the limits (if any) of concurrent copyright and trade-mark protection, and even the distinction between trade-mark, copyright, and patent as autonomous yet related legal regimes.

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