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Copyright & The Crown
When business submit documentation to government authorities or use documents obtained from government authorities, the question as to who owns copyright is often overlooked. As governments adopt new technology to disseminate such documents, there can be unexpected consequences for business.
11 Jan, 2018
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Protection for Geographic Names Expanded to Food Products
Adopting trademarks with geographic significance requires careful consideration. The recent implementation of CETA has expanded protection for appellations of origin beyond wine and spirits to other food and agricultural products, including cheeses, oils, spices, cured meats, vinegars and fruit.
7 Nov, 2017
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Copying for Educational Purposes Must Still Be Fair
On July 12, 2017, the Federal Court held that Copyright Board Tariffs are mandatory and York University's "Fair Use Guidelines" were not fair. As a result, York could not rely on the "fair dealing" exemption for educational purposes under the Copyright Act to avoid the fees due under the Tariff.
19 Jul, 2017
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Global Injunction Against Counterfeiter Upheld
On June 28, 2017, the Supreme Court released its decision upholding a global injunction requiring Google to de-index certain web sites to prevent the sale of counterfeit goods via the Internet. While controversial with the public, the decision is less controversial from a legal perspective.
13 Jul, 2017
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Supreme Court Rejects 'Promise of the Patent' Doctrine
On June 30, 2017, the Supreme Court released a seminal decision in Canadian patent law which struck down the controversial "Promise Doctrine" that has made it more difficult to secure valid patent protection in recent years. Canada is now back in step with international patent utility standards.
11 Jul, 2017
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Defining IP 'Rights' in Contracts
When defining the intellectual property rights granted by a contract, it is prudent to reference the language used in the relevant legislation for the subject IP. Each form of IP has a different bundle of rights. If different language is adopted, it is wise to include a definition in the contract.
22 Jun, 2017
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