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Record W1549426699

Copyrighting Chocolate: Kraft Canada v. Euro Excellence

2006· article· en· W1549426699 on OpenAlex
Robert J. Tomkowicz

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueSSRN Electronic Journal · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicIntellectual Property Law
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsMonopolyIntellectual propertyRevenueBusinessIP address managementLaw and economicsJurisprudenceLawCommerceEconomicsPolitical scienceFinanceMarket economy
DOInot available

Abstract

fetched live from OpenAlex

Crowding of intellectual components in one tangible object can lead to what is sometimes referred to as the overlap of the IP rights. And when this happens, IP rights' holders are often tempted to invoke rights under several segments of the IP system, either concurrently or subsequently, to expend their monopoly and maximize profits. The practice of using one segment of the IP system to expand rights granted under another has not yet been recognized by Canadian courts as the easiest method to improve balance sheets of many corporations at the expanse of individual users and the public. It is somewhat surprising, considering the growing importance of the IP as a corporate asset and source of revenue. This reality is reflected in the number of cases involving allegations of IP rights' infringements, copyrights' in particular. Even more surprisingly, considerable jurisprudence on IP overlaps in the U.S., which could assist Canadian courts when such practices are identified, is usually ignored. It is probably the ripe time to formulate a consistent approach to the challenge of using IP rights' overlaps in Canada. It will inevitably produce an improved and more integrated IP system. This paper looks at the practice of using copyright to expand trade-mark monopoly. It does so through the prism of a recent Canadian case Kraft Canada v. Euro Excellence. In the first part, it presents the purpose of the IP system, with emphasis on copyrights and trade-marks. The second part discusses use of trade-marks in Canada to prevent parallel importation. The third part introduces the Kraft case and points to public policy argument raised there. Next part assesses the overlaps of trade-mark and copyright laws, pointing to potential problems. The final part offers some suggestions to address the problem.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.809
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.000
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.002
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.007
GPT teacher head0.228
Teacher spread0.221 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it