What is the test for disclosure of a publication?
Canada (Federal), Canada
The following excerpt is from Wenzel Downhole Tools Ltd. v. National-Oilwell Canada Ltd., 2012 FCA 333 (CanLII):
Since disclosure must be assessed objectively, it suffices that the publication be available for consultation by the public (such as in a public library or over the internet), whether or not the publication has in fact been read: Lux Traffic Controls Limited v. Pike Signals Limited, [1993] R.P.C. 107 (“Lux”) at p. 133. However, private manuscripts which are not publicly available or papers which are kept in filing cabinets or archives not normally accessible to the public do not meet the threshold since such documents are not objectively “available to the public”.
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