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Intellectual Property

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Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]

Friday, September 25, 2020 @ 2:03 PM

Sustaining our justice system in pandemic times | Roger Bilodeau

In recent months, several judges, court officials and observers have stated that the pandemic has thrust the justice system further along into the 21st century with the push to use all available technologies to maintain court operations. Many of them have also rightly pointed out that access to justice is still a challenge for a great number of Canadians. As courts take steps to resume regular operations, what does the future hold in terms of sustaining our justice system? Here are a few points to consider as governments, courts and other interested parties move forward to map out the future. ... [read more]

Friday, September 25, 2020 @ 9:05 AM

TikTok’s North American patent portfolio in context of subject matter eligibility TikTok

The volume of ByteDance’s patent applications (or lack thereof) in North America may, at least partly, be explained by the uncertainty surrounding the patent eligibility of AI-related inventions in both the United States and Canada. ... [read more]

Thursday, September 24, 2020 @ 2:48 PM

I spy with my little eye: Monitoring employee computers shockedcomputeruser_Sm.jpg

It makes sense, if you think about it. An employer hires someone to do a certain job. The employer wants to make sure that the employee is, in fact, doing the very work that they were hired to do. The easiest way to monitor employees’ use of time and employer resources is to monitor them — either overtly or covertly. Many employers have implemented computer monitoring software that logs information such as the websites visited by employees and the length of time on the websites. ... [read more]

Thursday, September 24, 2020 @ 10:30 AM

Artificial intelligence fuels TikTok’s popularity; could that asset prevent its sale? TikTok

While it appears that TikTok may have struck a deal with Oracle relating to the purchase of its U.S. operations, it remains to be seen what that sale will mean for the explosively popular Chinese social media platform. ... [read more]

Wednesday, September 23, 2020 @ 10:57 AM

Federal Court of Appeal confirms trademark services should be liberally construed Neon hotel

A recent decision of the Federal Court of Appeal, Miller Thomson LLP v. Hilton Worldwide Holding LLP [2020] F.C.J. No. 902, has confirmed a trial decision which considered the concept of use of a trademark in association with services when the method of distribution has changed (Hilton Worldwide Holding LLP v. Miller Thomson [2018] F.C.J. No. 903). ... [read more]

Wednesday, September 23, 2020 @ 9:24 AM

New associate for Bereskin & Parr

Intellectual property (IP) firm Bereskin & Parr LLP announced that Martin Brandsma has joined the firm as an associate and a member of the litigation group. ... [read more]

Tuesday, September 22, 2020 @ 10:48 AM

Legal considerations of live-stream shopping Onlinedress shopping

Live-stream shopping platforms have become particularly popular in China, with many established shopping models implementing live video and influencer marketing into their business models. In North America, some aspects of live commerce have become prominent over the last few years — the most notable being the rise of influencer marketing on social media platforms. With the increase in live shopping comes questions with respect to the various implications that this new form of shopping can have on e-commerce, intellectual property (IP) and consumer protection laws, both domestically and globally. ... [read more]

Tuesday, September 22, 2020 @ 9:34 AM

Federal Court’s ruling on patentability ‘good news for innovators,’ IP lawyer says Serge Shahinian

The Federal Court has forcefully struck down the approach used by the Canadian Intellectual Property Office (CIPO) to patent claims in a decision expected by the patent bar to have far-reaching implications, particularly for computer-implemented inventions. ... [read more]

Monday, September 21, 2020 @ 2:25 PM

LSO crowd-pleaser fee relief motion the opposite of what’s needed | Jonathan Rosenthal

Let’s say a government were to go rogue and compel you to have a limb amputated. Quick! Which one would you choose? ... [read more]