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Youtube Exception is Subject to Conditions
This exception was introduced into the Canadian Copyright Act in 2012 for user-generated content that is derived from pre-existing works, like a \"mash-up\" of video clips from multiple sources. It is often forgotten that such content must satisfy a number of conditions to qualify for the exception.
19 Sep, 2016
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Non-Disclosure Agreements that Expire?
In Canada, exclusive rights in trade secrets and confidential information may be owned indefinitely so why do so many non-disclosure agreements in circulation have expiration dates or time limits? The answer is in US law and represents a dangerous trap for the unwary trying to do business in the US.
13 Sep, 2016
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Domain Name Arbitrations & Trademark Infringement
Contrary to the expectations of many, the mandatory dispute resolution process for domain name disputes cannot be used to successfully resolve many cases of trademark infringement that involve domain names. Instead, the parties must still seek relief from a court of competent jurisdiction.
13 Sep, 2016
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TV Boxes Cross the Line: Inducing Copyright Infringement
On June 1, 2016, the Federal Court granted an interlocutory injunction prohibiting five named defendants from continuing to sell and promote the sale of “preloaded†TV boxes. The court also granted the plaintiffs the right to add defendants to the action and injunction order as deemed necessary.
11 Jul, 2016
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WHEN IS A TRADEMARK NOT A TRADEMARK?
Where use of a mark does not enable consumers to recognize goods or services as originating from a particular business, it may not constitute use of the mark as a trademark. It may be \"fair use\" of the trademark or the mark may not qualify for trademark status. Context is central to the analysis.
22 Mar, 2016
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Web Sites: The Intellectual Property Issues
A host of legal issues can arise in the operation of a web site. To avoid compromising the value of this virtual property, it is important for businesses to understand the various IP components of its web site. In this article, we review the typical IP issues that arise and how to manage the risks.
2 Mar, 2016
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