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TrademarksBad Faith Branding
For the first time, the Federal Court has held that a trademark application was filed in “bad faith†under the new amendments to the Trademarks Act. In Beijing Judian Restaurant Co. Ltd. v. Meng, the court was presented with a perfect storm of evidence that ultimately led to a finding of bad fai
1 Sep, 2022
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Copyright
Making Available = Copyright Infringement
In 2012, the Copyright Act was amended to clarify that “making a work available†via the Internet is an exclusive right of the copyright owner. In 2022, the Supreme Court determined that royalties are payable upon "making a work available" regardless of whether the work is downloaded or streamed
8 Aug, 2022
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Copyright
US Introduces Copyright Small Claims Court
The US Copyright Office has introduced a "small claims court" for resolving claims. The three-member expert tribunal is designed to be faster, user-friendly and less expensive than court for claims less than $30,000 US. Both parties must agree to participate and injunctive relief is not available.
1 Aug, 2022
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Copyright
Copyright Term Extended
On June 24, 2022, amendments to the Copyright Act came into force which extend the basic term of copyright protection in Canada to the life of the author plus 70 years. This amendment was a term of the 2018 NAFTA trade agreement and brings Canada into harmony with the law in the US and Europe.
24 Jun, 2022
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Trademarks
Official Marks to be Subject to Summary Expungement
In recent amendments to the Trademarks Act, a new provision was introduced for the summary expungement of official marks. In anticipation of the amendment coming into force, CIPO has issued a DRAFT practice notice for public comment. While overall beneficial, new risks are raised for official marks.
1 Jun, 2022
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AI
CIPO Starts Using AI to Process Trademark Applications
In a pilot program intended to address the major backlog of pending trademark applications, the Canadian Intellectual Property Office ('CIPO') has started using artificial intelligence to conduct preliminary examinations of the associated goods and services identified in pending applications
29 Apr, 2022
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