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Times They Are a Changing! Patentees Proceed with Caution: Courts may use...
In view of legislative changes and a recent Federal Court decision, patent applicants in Canada should be more circumspect as to what material makes its way into the Canadian prosecution file....
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Patent Tips for Halloween
#SpookyIP U.S. Patent No. 3,965,574 to Harry Edwin Graves entitled “Apparatus for forming a jack-o-lantern” Ever wished you had help with carving your Halloween pumpkin? If so, Harry Edwin Graves...
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A Brave New Patent World
Close up of engineering drawing with electric motor The long-awaited date has arrived. The amendments to Canada’s Patent Act and Rules, in order to implement Canada’s obligations under the Patent Law...
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Choosing the perfect Halloween costume is a struggle for most trick-or-treaters; however, it can be particularly challenging for intellectual property lawyers. In Canada, unlike in some other...
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Growth in Chinese Trademark Applications by Canadian Companies Reflects New...
The Canadian Intellectual Property Office (“CIPO”) recently released its annual report, IP Canada Report 2019, on the statistics and trends regarding the intellectual property (“IP”) system in Canada...
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The Ins and Outs of Canadian Copyright: Movies and the real and substantial...
A recent decision of the Ontario Superior Court of Justice sheds some light on the application of the “real and substantial connection test” under Canadian copyright law where alleged infringement...
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Fasken and IPIC hold Seminar on Patenting Artificial Intelligence
On November 13, 2019, the Intellectual Property Institute of Canada (IPIC) and Fasken held a webinar on advanced patent prosecution strategies for patenting artificial intelligence (AI) related...
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Can Canadian Courts Issue Site-Blocking Orders?
Can Canadian Courts Issue Site-Blocking Orders? Prior to last Friday, it would have been unprecedented. With the Federal Court’s decision in Bell Media Inc v GoldTV Services (2019 FC 1432), that is no...
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Canada’s Trademark Modernization Continues: NICE Classification and...
Earlier this year, the trademark system in Canada was modernized to bring in the Nice classification system. The Nice classification system is an international classification system that is used to...
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Federal Court rejects controversial copyright litigation strategy
On November 12th, the Federal Court of Canada dismissed a motion for certification of a reverse class action lawsuit that was brought against potentially thousands of Canadiansby Voltage Pictures,...
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2019 was “Marked” by Significant Changes to Canada’s Trademarks Legislation
After much anticipation, Canada’s new Trademarks Act (the “Act”), came into force on June 17, 2019. The Act introduced significant changes to Canadian trademarks laws which, together with the...
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Minority Report: How Canada’s Electoral System Disrupts Copyright Reform
Canadian elections have a tendency to disrupt copyright reform initiatives and the 2019 contest which resulted in a minority Liberal government under Prime Minister Justin Trudeau is no exception. The...
View ArticleIP Strategies for the Cannabis Industry
Introduction Intellectual Property (“IP”) typically provides a significant commercial advantage in the marketplace. With the legalization of cannabis in Canada in 2018 and increasing competition...
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Destruction and Delivery Up: a Year in Review
Copyright and trade-mark owners whose IP is infringed may seek a variety of remedies against the perpetrators, including damages, injunctive relief and legal costs. Psychologically though, destruction...
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Sights and Smells: a New World of Senses in the Field of Non-traditional...
Introduction The revised Trademarks Act came into force on June 17, 2019 and brought new waves of changes to the trademark legal landscape in Canada. The Act is now more harmonized with international...
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Draft Guidelines Published by the Patented Medicine Prices Review Board
The Patented Medicine Prices Review Board (the “Board”) recently published draft Guidelines to replace the current Compendium of Policies, Guidelines and Procedures, leading up to the coming into...
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A Recent Look at Interlocutory Injunctions in Trademark Infringement Cases
Interlocutory injunctions remain difficult to obtain in trademark infringement cases. To obtain an interlocutory injunction, the moving party must satisfy a three-part test. A party must show that:...
View ArticleKey Estate Planning Considerations for Individuals with IP (Part I:...
This is the first entry in a three-part blog series about the interaction between estates law and intellectual property law. Part I will introduce Ontario’s succession law regime, and provide an...
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Key Estate Planning Considerations for Individuals with IP (Part II: Trademarks)
Key Estate Planning Considerations for Individuals with Intellectual Property (Part II: Trademarks) This is the second entry in a three-part blog series about the interaction between estates law and...
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Key Estate Planning Considerations for Individuals with Intellectual Property...
This is the third and final entry in a three-part blog series about the interaction between estates law and intellectual property law. Part I introduced Ontario’s succession law regime, and provided...
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