Constitutionality of Canadian Trademark Legislation Revisited

Abstract:

There are serious concerns regarding the currently accepted rationale for the validity of Canadian trademark legislation in terms of the division of legislative authority. That rationale is both unsound and inconsistent. This article helps to identify those problems and looks at alternative support for that validity. In doing so, this article also looks to overcome certain limitations on Parliament’s legislative authority in the field—limitations that have been imposed by the currently accepted rationale.