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Intellectual Property

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Friday, June 22, 2018 @ 6:19 PM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Tuesday, June 19, 2018 @ 12:04 PM

Colour it mine: Protecting colour trademarks in Canada Red&Blackstilettos.jpg

Colours can function as indicators of source, and many colours acquire distinctiveness over time. One of the world’s best-known colour trademarks is Christian Louboutin’s famous red sole. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Wednesday, June 13, 2018 @ 12:42 PM

U.S. puts Canada on 2018 Priority Watch list for IP protection and enforcement GuyWithMagnifyingGlass

In its 2018 Special 301 Report, the Office of the United States Trade Representative downgraded Canada’s status on the Special 301 List from Watch List to Priority Watch list. ... [read more]

Friday, June 08, 2018 @ 12:28 PM

How AI can protect your patent from the ‘death squad’ Robotichead_sm.jpg

As many in the intellectual property community will know, there has been considerable buzz stateside over two recent U.S. Supreme Court decisions pertaining to the controversial post-grant patent review process called inter partes review (IPR). These decisions — and the IPR process, generally — are very relevant to our work at Legalicity. But before I explain why, I should first describe what IPR is, who it impacts and why it’s controversial. ... [read more]

Tuesday, June 05, 2018 @ 9:05 AM

Forward into the past: backdating legal agreements backdated_document_sm

On several occasions in my practice, I have been called upon to backdate a document. Such requests may not be as innocent as they seem. ... [read more]

Wednesday, May 30, 2018 @ 11:12 AM

The multifaceted legal implications of revenge porn monsteroutfofpc

Taking and sharing intimate images using smartphones and direct messaging applications has become a normalized part of romantic relationships; however, with the rise of technology-facilitated intimacy, the scope for abusive, controlling and vengeful behaviour has widened. ... [read more]

Tuesday, May 29, 2018 @ 11:21 AM

Questions and answers about Canada’s new IP strategy on trademark squatting lightbulbs

On April 26, 2018, the federal government released its intellectual property (IP) strategy setting forth its plans to push Canada to the forefront of the patent and trademark world, in part to drive innovation and investment in Canada. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]

Thursday, May 24, 2018 @ 9:45 AM

Technology and cannabis branding: The ‘Entourage Effect’ cannabis_technology_sm

Our previous articles explored diversification of products and licences under the Cannabis Act when Bill C-45 comes into effect. Brands will be defined within significant regulatory restrictions on labelling, packaging and advertising. Product diversification, including new dosage forms of dried cannabis (pre-rolls and vaporization pods) and new forms of cannabis (edibles and concentrates), provides a matrix of different forms of cannabis with varying levels of delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). ... [read more]