We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Intellectual Property

Latest

Thursday, September 20, 2018 @ 9:04 AM

Improving access to justice for litigants and their lawyers tops Federal Court Chief Justice Paul Crampton’s agenda TLD Exclusive

The Federal Court’s leader says improving access to justice for litigants and their lawyers is the aim of several of the national trial court’s new initiatives. In an exclusive annual interview, Chief Justice Paul Crampton spoke with characteristic passion and candour about the state of the itinerant Ottawa-based court, including new and impending measures to assist the bar and the public, and some remaining massive challenges for the bilingual paper-based institution which he, his colleagues and staff are determined to drag into the digital age. ... [read more]

Tuesday, September 18, 2018 @ 9:31 AM

Search and seizure of electronic data: too much of a good thing data_security_sm

Seizures of electronic data have become the equivalent of trying to catch trophy fish using bottom trawling nets. Like large, weighted fishing nets dragged across the seafloor, unselectively scooping up everything in their path, seizures of data invariably and easily net their own form of digital bycatch. ... [read more]

Friday, September 14, 2018 @ 1:35 PM

INTERNET - Internet service providers - Disclosure of subscriber information

Appeal by Rogers Communications Inc. (Rogers) from a judgment of the Federal Court of Appeal setting aside the order issued against Voltage Pictures LLC (Voltage) to reimburse the cost of compliance with a Norwich order and legal cost incurred. ... [read more]

Friday, September 14, 2018 @ 12:08 PM - Last Updated: Friday, September 14, 2018 @ 3:38 PM

ISPs entitled to ‘reasonable costs’ incurred to comply with third party disclosure orders in illegal downloading case, SCC rules Russell Brown

In a novel interpretation of the 2015 “notice and notice” provisions of the Copyright Act, the Supreme Court has ruled that Rogers Communications Inc. and other ISPs are entitled to be reimbursed for their “reasonable costs” in supplying the names and addresses of alleged illegal downloaders to copyright holders pursuant to Norwich third party disclosure orders. ... [read more]

Thursday, September 13, 2018 @ 10:55 AM

Challenging a competitor’s patent application with prior art copieddesigns.jpg

If a competitor files a patent application in the patent office on an unpatentable invention, the patent office should do its job and reject the patent application. However, patent examiners are working with limited time and resources for prior art searching and examination. Often, examiners are not aware of all the potentially relevant prior art. It is possible for a third party to assist the patent office to invalidate a competitor’s patent application before it becomes a granted patent that could be used to start a nuisance patent infringement lawsuit. ... [read more]

Tuesday, September 11, 2018 @ 2:57 PM

Bereskin & Parr adds two associates to computer technology practice group

Bereskin & Parr LLP announced the hiring of two associates, Paul Blizzard and Justin Philpott to the firm’s Toronto office. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Friday, August 31, 2018 @ 11:52 AM

No breaks in Europe for KitKat bars: Stripped of design protection kitkatbar_sm.jpg

Europe’s highest court has invalidated trademark protection covering the shape of the KitKat bar, on the basis that it is not distinctive. The case came before the European Court of Justice as an application by Cadbury Schweppes (now Mondolez) seeking to cancel the EU trademark registration belonging to Nestlé that covered the three-dimensional four-fingered shape of its KitKat chocolate bar. ... [read more]

Tuesday, August 28, 2018 @ 12:21 PM

Acquisition of cannabis genetics could lead to bottleneck potvarieties_sm.jpg

Licensed cannabis producers face a major bottleneck sourcing legal genetic varieties for production. While there are thousands of cannabis strains on the black market, the challenge lies in transitioning these illicit strains into a regulated system. Consequently, many licensed producers are forced to purchase genetics from their competitors in order to diversify their product offerings. ... [read more]

Tuesday, August 28, 2018 @ 9:27 AM

Decision highlights considerations when choosing assessment date to quantify losses manwithscope_sm.jpg

A decision by the Ontario Court of Appeal in Rougemount Capital Inc. v. Computer Associates International Inc. (2016) ONCA 847 sheds light on some thorny issues around the choice of an assessment date when quantifying losses. ... [read more]