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Intellectual Property

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Thursday, August 06, 2020 @ 2:01 PM

Federal court has jurisdiction to interpret contracts scales_of_justice_sm

In Salt Canada Inc. v. Baker 2020 FCA 127, the Federal Court of Appeal has provided some much-needed clarification on the jurisdiction of the Federal Court, confirming that the court has jurisdiction to adjudicate contract disputes that arise in the context of patent cases. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]

Wednesday, August 05, 2020 @ 1:06 PM

Sign here, see you later: Getting ghosted in commercial transactions Handsholdingemptybox

The global scramble for personal protective equipment (PPE) has highlighted basic contract issues, as governments and health institutions try to parse legitimate sources of PPE. ... [read more]

Tuesday, August 04, 2020 @ 12:57 PM

Geographical indications in Canada’s food and beverage business Cheesewoodcut

Intellectual property assets account for one-third the value of manufactured goods in global value markets. Trademarks are widely used to protect food and beverage brands in Canada and globally. In fact, the latest statistics on trademark filings from Canada’s Intellectual Property Office show that trademark filings by Canadians increased by 54 per cent in 2018, over the previous year’s figure. ... [read more]

Tuesday, August 04, 2020 @ 8:20 AM

Enforcing termination clauses just got more difficult in Ontario 2constructionworkers.jpg

The Ontario Divisional Court has once again made it more difficult to enforce termination clauses. In Rutledge v. Canaan Construction Inc. 2020 ONSC 4246 the court held a termination clause to be unenforceable despite it affording an employee all of his statutory protections and entitlements in his current position with the company. The court found that the agreement could only violate the Employment Standards Act, 2000 (ESA) if his position changed or if the company grew, but still found that this was sufficient to render it unenforceable. ... [read more]

Friday, July 31, 2020 @ 11:58 AM

Monsanto v. Schmeiser 20 years later: The answer wasn’t blowin’ in the wind Canola

Intellectual property lawyers have the most interesting bookshelves in their offices; we tend to keep souvenirs of the various cases we work on. Over the years, my bookshelf has come to include things like skin care products, parts for cars and fireplaces, architectural mouldings and medical devices. ... [read more]

Friday, July 31, 2020 @ 10:31 AM

Three new partners for IP firm Marks & Clerk

As it prepares to celebrate 100 years of offering intellectual property services in Canada, Marks & Clerk announced that Jonathan Colombo, Catherine (Cat) Lovrics and Amrita V. Singh will join the group, with Colombo taking on the role of managing partner of Marks & Clerk Canada. The hires are effective Aug. 1, 2020. ... [read more]

Thursday, July 30, 2020 @ 2:38 PM

Don’t forget to register: Why provincial, territorial trademark registers should exist MapofCanada

In Canada, two types of trademarks exist: registered and unregistered common law trademarks. Registered trademarks have long been recognized as superior to unregistered trademarks. A registered trademark is entered in Canada’s Register of Trademarks and the owner has the exclusive right to use the trademark in Canada. In contrast, Canadian common law trademarks are restricted to the geographical area where the trademarks are used and thus have garnered goodwill. ... [read more]

Thursday, July 30, 2020 @ 10:43 AM

Future of business in outer space Cartoonspace

Part one of this article outlined international jurisdictions in outer space. The U.S. federal courts will be a critical part of future commercial space activities, whether between private parties or other parties functioning under the authority and jurisdiction of different states. The question will become how disputes will be resolved, but more importantly, how a decision will be enforced and not in an international organization or construct, but the U.S. federal system.                 ... [read more]

Thursday, July 30, 2020 @ 9:16 AM

Justice and the pandemic: What has to change Canada_COVID_sm

This article is the last of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]