The Mixed Heritage of Federal Intellectual Property Law and Ramifications for Statutory Interpretation

2011 ◽  
Author(s):  
Peter S. Menell
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Statutory Interpretation ◽  
Intellectual Property Law ◽  
Mixed Heritage

scholarly journals Which Kraft of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law

2008 ◽  
Vol 46 (1) ◽  
pp. 1 ◽  
Author(s):  
Cameron J. Hutchison
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Judicial Discretion ◽  
Property Law ◽  
Supreme Court Of Canada ◽  
Statutory Interpretation ◽  
Intellectual Property Law ◽  
Law Making

The techniques used by courts to interpret statutes can be characterized as inconsistent, and at times, excessive. Current methodologies of statutory interpretation often reflect deeply normative views about the appropriate institutional role of the legislative and judicial branches of law-making, but this characterization of the debate is misleading. Rather, the problem lies with properly discerning legislative meaning and intent in full awareness of the limitations and possibilities of statutes as communicative devices. The author suggests a new methodology of statutory interpretation, whereby courts analogize the facts before them with certain paradigm cases. This methodology serves to constrain judicial discretion and enables courts to fill gaps in legislation in connection with novel cases.

Australian Intellectual Property Law

2008 ◽  
Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Intellectual Property Law
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