becomes an integral part of discussion. Various interesting cases that have been dealt by the Canadian Judiciary and statutes having bearing on IP and competition law will be discussed An overview of the Competition Act 1986 The primary objective of competition law and policy is to foster competition‚ consumer welfare and efficiency. The Canadian Law also focuses on these immutable objectives and explicitly provides that:
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Cravens 09/10/2013 CRJ 251 METZGER BRIEF STATE V. METZGER 319 N.W.2d 459 (Neb. 1982) FACTS: Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also‚ seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed. LEGAL ISSUE: Was the
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Holmes v. South Carolina United States Supreme Court 547 U.S. 319 (2006) : Facts: Holmes was charged with first degree murder‚ first degree burglary and robbery in connection with an incident involving an 86 year old woman‚ Mary Stewart. Holmes was also charged for the rape and murder of Stewart. At the trial court‚ Holmes was convicted by the South Carolina Supreme Court. The United States Supreme Court denied certiorari. The petitioner had appealed and the court granted a new trail. During
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Name of Case in Proper Legal Citation Format Jones v. Star Credit Corp 59 Misc.2d 189 (1969) Who is/are the plaintiff(s) (i.e. consumer‚ company‚ employee‚ government) and what type of legal relief is/are the plaintiff(s) seeking? Plaintiffs who are welfare recipients agreed to purchase a freezer for $900‚ and purchase price came out to be $1234.80 with all the other added taxes. So far the plaintiffs have paid $619.88‚ however the freezer is only worth about $300. What legal question
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McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
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IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI MARY MARSDEN‚ ) ) Plaintiff‚ ) ) vs. ) ) JOHN NMN DOE‚ ) ) Cause No.: Defendant. ) ) Division: Serve Defendant at: ) ) Missouri Division of ) Employment Security ) Claims Department ) 505 Washington Avenue ) St. Louis‚ Missouri 63101 ) ) Serve between 9:00 a.m. and ) 4:00 p.m. Monday through Friday ) PETITION FOR
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Prohibits agreements and collective action that unreasonably restrain trade. [section1] * Prohibits monopolization and attempted monopolization [section 2] * Purpose is to preserve a competitive marketplace and protect consumer welfare. NCAA v. Board of Regents of University of Oklahoma * S.C. established an analytical framework for applying antitrust law to the sports industry. * The “competition itself” is the product that sports offers to customers. * Restraints on competition
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Hudson v. Michigan‚ 547 U.S. 586 (2006) Facts- Detroit police obtained a warrant authorizing a search for drugs and firearms at the home of Booker Hudson. When police arrived to execute the warrant‚ they announced their presence but waited “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. Police discovered large quantities of drugs‚ including cocaine rocks in Hudson’s pocket and a loaded gun placed in between the cushion and armrest of a chair
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Assignment #4 – R. Williams Construction Co. v. OSHRC Sarah Barnard February 26‚ 2012 Business Employment Law - HRM 510 Dr. Zelphia A. Brown‚ SPHR‚ Instructor Assignment # 4- R. Williams Construction Co. v. OSHRC 1. What were the legal issues in this case? This case is based around the laws and regulations of OSHA. OSHA is an Occupational Safety and Health Act that has been put into place to ensure the safety of employees while on the job. These regulations are put into place to help
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Matthews‚ Ph.D. February 10‚ 2004 Applying Ethics to the Merck Case The purpose of my essay is to show whether the business decisions made by the management team of Merck pharmaceutical are ethical. Using corporate assets for charitable purposes‚ the company manufactures and distributes a drug called Mectizan at no charge to impoverished nations and their inhabitants. I will expound on three ethical theories and then analyze the Merck case according to each theory‚ summarizing how the authors and proponents
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