Focus On

Intellectual Property


Thursday, March 28, 2019 @ 2:14 PM

Patent office’s misleading messages about software may discourage investment Busypeople&tech_sm.jpg

The government of Canada’s intellectual property (IP) strategy involves extensive efforts to educate Canadians about how IP tools, such as patents, can be used to protect their business assets. As the IP strategy explains, IP can be used by businesses to extract value from their ideas, create new revenue streams and raise capital. However, some of the Canadian Intellectual Property Office (CIPO)’s messaging about patents may make it harder for software-based businesses to attract investors. ... [read more]

Wednesday, March 27, 2019 @ 2:20 PM

Bulbulia joins Pallett Valo

Intellectual property lawyer Ahmed Bulbulia is joining the business law and litigation practice groups of Pallett Valo LLP, of Mississauga, Ont., as an associate. ... [read more]

Wednesday, March 27, 2019 @ 9:46 AM

Better clarity needed on ‘normal course of trade’ in trademark case: lawyer Peter Choe, Gowling WLG

A lawyer in a trademark case is pledging to appeal to the Supreme Court of Canada after the Federal Court of Appeal said profit is not required when a transfer is made of a good in the “normal course of trade.” The issue in Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP 2019 FCA 48 deals with the trademark “Lush,” owned by cosmetics company Cosmetic Warriors in association with “[c]lothing, namely, t-shirts.” ... [read more]

Wednesday, March 20, 2019 @ 8:18 AM

WRONGFUL DISMISSAL - Dismissal without cause - Reasonable notice period or wages in lieu

Action by the plaintiff Mark Menard against the defendant Centre for International Governance Innovation (Centre) for damages for wrongful dismissal. ... [read more]

Tuesday, March 19, 2019 @ 8:01 AM

Future of airlines: Data-driven acquisitions and partnerships ariline_data_sm

The airline industry is experiencing a disruption in how air carriers distribute products and services and generate new revenues. In today’s world, digital business models offer airlines unclaimed retail opportunities. And behind this transformation is a strategic resource: data. ... [read more]

Friday, March 15, 2019 @ 8:57 AM

Lesson for brands: Delayed enforcement may mean denial of rights newspaper_sm

Recently the Federal Court of Appeal upheld yet another ruling that runs against a foreign brand owner in Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd. 2019 FCA 10. ... [read more]

Wednesday, March 13, 2019 @ 3:14 PM

DOJ appoints prothonotary to Federal Court

The federal Department of Justice announced that Angela M. Furlanetto, a partner with DLA Piper (Canada) LLP, has been appointed a prothonotary of the Federal Court in Ottawa. ... [read more]

Wednesday, March 13, 2019 @ 8:06 AM

Applying deliberative secrecy to arbitral tribunals secret_decision_sm

The principle of deliberative secrecy prevents disclosure of how and why adjudicative decision makers make their decisions. This protection is necessary to help preserve the independence of decision makers, to promote the consistency and finality of decisions and to prevent decision makers from having to testify about their decisions. The courts have yet to explicitly apply this public law principle to arbitral tribunals. However, given the similarities in the functions performed between arbitrators and other adjudicative decision makers, it is in the interest of justice to extend the application of this principle to arbitral tribunals. ... [read more]

Monday, March 11, 2019 @ 2:47 PM

Ottawa appoints judge to Federal Court of Appeal

The federal Department of Justice announced on March 8 that Justice George R. Locke, a judge of the Federal Court, has been appointed a judge of the Federal Court of Appeal. He replaces Justice Andre F.J. Scott, who resigned effective Oct. 22, 2018. ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]