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Intellectual Property

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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]

Wednesday, March 06, 2019 @ 10:49 AM

New trademark act heralds dramatic change, fee increases Book&goldenkey

With June 17, 2019, quickly approaching, the new Canadian Trade-marks Act is about to dramatically change the brand protection landscape. ... [read more]

Friday, March 01, 2019 @ 9:52 AM

What the BMW dashcam saw dash camera

The year 2019 is already shaping up to be an important year in privacy news. A major DNA testing company has been sharing genetic data with the FBI; the European Union has started to prosecute for GDPR violations, and the Office of the Privacy Commissioner of Canada has commenced applying the guidelines for obtaining meaningful consent under the Personal Information Protection and Electronic Documents Act (PIPEDA). However, one of the most intriguing Canadian privacy issues involved a dashboard video camera. ... [read more]

Thursday, February 28, 2019 @ 11:18 AM

Common social media concerns for lawyers | Kim McLaughlin

Nobody understands compliance better than a lawyer. It’s no wonder then that lawyers often hesitate when it comes to public communications via social media. In my experience, the big concerns are giving legal advice, confidentiality and solicitation. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Monday, February 25, 2019 @ 2:03 PM

Cox & Palmer adds two associates to St. John’s office

Cox & Palmer announced that Elliott Bursey and Luke Hayden have joined the firm’s St. John’s office as associates. ... [read more]