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Intellectual Property


Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Friday, December 21, 2018 @ 4:11 PM

Judge’s political lobbying, advocacy on behalf of black Canadians crossed line, but wasn’t ‘misconduct’ Mark Sandler

The Ontario Judicial Council (OJC) has ruled that a judge who founded an advocacy group for black Canadians, and lobbied politicians with the “highly laudable” aim of helping his community overcome racism and poverty, engaged in a form of impermissible “advocacy and political activity” — but his actions did not amount to “judicial misconduct” that could merit his removal from the bench. ... [read more]

Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]

Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Tuesday, December 04, 2018 @ 10:49 AM

High resolution and ground truth of intellectual property digitalpatent_sm.jpg

One autumn night in 2014, after driving home through the rain, I pulled into my driveway and stepped out. A black car was parked in the gloom by the curb, its driver waiting for me. With few words, he handed me some documents and I signed my name on a dotted line. He was a process server, and this was my initiation as a fact witness in a U.S. patent infringement trial. ... [read more]

Thursday, November 29, 2018 @ 10:54 AM

Successfully managing complex litigation complex_litigation_sm

On Oct. 18, 2018, Benchmark’s Women in Litigation Conference brought together in-house counsel and practitioners in private practice to share ideas and learn from each other, in a full-day program featuring female leaders. This article is adapted from a presentation that we gave along with Delbie Desharnais (Telus), Deirdre MacLeod (PwC) and Heather Crawford (Fengate Capital Management). ... [read more]

Wednesday, November 28, 2018 @ 8:05 AM

COPYRIGHT - Procedure - Discovery - Protective orders

Appeal by Arkipelago Architecture from a Federal Court judgment affirming a protective order. ... [read more]

Tuesday, November 20, 2018 @ 9:29 AM

Changes and updates to intellectual property law a ‘field day’ for lawyers: expert Pina D’Agostino, IP Osgoode

Big changes may be in store for intellectual property in Canada as the federal government has moved to make significant amendments to patent and trademark rules. The federal government’s recently-announced omnibus budget legislation, Bill C-86, includes a number of proposed changes to intellectual property (IP) and copyright law. ... [read more]

Wednesday, November 14, 2018 @ 8:32 AM

TRADE-MARKS - Infringement - Confusion and deception

Motion by Quality Program Services Inc. (QPS) for summary trial damages for trade-mark infringement. QPS registered the mark “EMPOWER ME” in connection with energy awareness, conservation and efficiency services in British Columbia. ... [read more]