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Canada
ROBIC
Le 10 janvier dernier, le gouvernement du Québec a publié le projet de règlement intitulé Règlement modifiant principalement le Règlement sur la langue du commerce et des affaires.
Aird & Berlis LLP
The Federal Court (the "Court") recently considered the copyright implications of password sharing (i.e., allowing multiple users to access content or services licensed for only one user) At issue was...
Brion Raffoul
Patent filing provides protection and adds value to asset portfolios. When looking to grow your company, a strong economy, varied demographics, and developed intellectual...
Smart & Biggar
Last week, the Canadian Trademarks Office began issuing "pre-assessment letters" for certain trademark registrations which have never been classified under the Nice Classification system.
Oyen Wiggs Green & Mutala LLP
In November 2017, Performance Mechanics Panthera Motorsports Inc. filed a Canadian trademark application for the PANTHERA logo...
Bereskin & Parr LLP
Justice Roy confirms the centrality of Fair Dealing to the overall scheme of the Copyright Act, specifically in relation to the prohibitions around circumventing Technological Protection Measures...
PCK Intellectual Property
The Supreme Court of British Columbia (the "Court") recently made a noteworthy ruling in an ongoing trademark dispute involving two well-known companies in the outdoor apparel industry. Arc'teryx Equipment...
Procido LLP
In my previous post on patents and artificial intelligence (Part 1), I discussed issues around whether generative AI can be an "inventor" under current patent legislative frameworks.
ROBIC
On January 10th, the Quebec government published a draft regulation entitled Regulation to amend mainly the Regulation respecting the language of commerce and business.
Goodmans LLP
In the case of Promotion In Motion Inc v Hershey Chocolate & Confectionery LLC, the Federal Court rejected an appeal filed pursuant to section 56 of the Trademarks Act...
Field LLP
Call it a brand refresh, a brand update, a rebrand. Whatever you call it, many trademarks evolve over time. Consider PEPSI and the recent redesign of the PEPSI logo and "visual identity system" (their term).
Seastone IP
In this four-part article series, we consider the various stages of a commercial transaction for which intellectual property assets are the essence of the transaction.
Smart & Biggar
The Federal Court of Appeal (FCA) dismissed an appeal by Lilly from a decision of the Federal Court (see our previous article) which had granted a motion for summary trial...
Gowling WLG
In January 2024, the Department of Finance released a consultation paper on a proposed patent box regime, aiming to tax income from certain intellectual properties (IP) at preferential rates lower than the current federal rate.
Oyen Wiggs Green & Mutala LLP
Under the Canada–United States–Mexico Agreement (CUSMA), Canada has agreed to provide a means to adjust the term of a patent when the CIPO causes unreasonable delays. The new rules would come into force...
McCarthy Tétrault LLP
The Federal Court's most recent decision on trade-mark surveys sets a high standard for validity of survey evidence. In Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, 2024 FC 556 ("SWISSKISS").
Gowling WLG
Budget 2024 introduced new rules for the immediate 100 per cent deduction of capital acquisition costs of certain capital assets, including patents. This is the latest announcement by the federal government.
PCK Intellectual Property
In Canada, the prohibition against patenting methods of medical treatment has been a subject of legal ambiguity. Historically, case law suggested that claims to fixed dosages were patentable, while claims to dosage...
Field LLP
Can a trademark be challenged? Yes, there are a number of ways of disputing a pending or registered trademark – competitors do it to each other all the time.
Borden Ladner Gervais LLP
Patent term adjustment (PTA) is coming to Canada on or before January 1, 2025. Canada is required to implement PTA to offset administrative delay in granting patents...
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