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Intellectual Property

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Thursday, September 15, 2016 @ 8:00 PM

Industrial design law is tailored to innovation

While industrial design protection in Canada remains a misunderstood and misused area of intellectual property law, companies are increasingly seeing the benefits of using it to safeguard their products, experts say. ... [read more]

Thursday, June 30, 2016 @ 8:00 PM

Terms of use

When photographer Art Drauglis posted a photo to his online account through the photo-sharing site Flickr, he probably never imagined he would see that picture in print, on the cover of someone else’s book. ... [read more]

Thursday, May 05, 2016 @ 8:00 PM

Catching up to the technology

Canadian courts are taking an Internet-savvy and technologically neutral approach to trademark use in Canada. In the recent decision of Specialty Software Inc. v. Bewatec [2016] FC 223, the Federal Court confirmed that for the purposes of trademark use in association with goods, there is no material difference between purchasing a floppy disk, CD or DVD in a store and purchasing a downloadable software licence online. ... [read more]

Thursday, March 10, 2016 @ 7:00 PM

The imitation game

In Home Hardware Stores Limited v. Benjamin Moore & Co., Limited [2015] FC 1344, an appeal of a decision of the Trademarks Opposition Board released at the end of 2015, Home Hardware argued the principle of “dressing up” a competitor’s trademark as a separate consideration in assessing confusion between the marks. Although an intriguing concept, and one that has initial appeal, it does not appear to exist under Canadian law. ... [read more]

Thursday, February 11, 2016 @ 7:00 PM

Threading the biosimilar needle

Biosimilars, otherwise known as subsequent entry biologics or “SEBs” in Canada, are a rapidly emerging trend in health care. Biosimilars present novel and intriguing legal issues that are quickly rising to the forefront of legal commentary. ... [read more]

Thursday, January 21, 2016 @ 7:00 PM

Illegal graffiti capable of copyright protection

There is a common misconception by some in the artistic community that graffiti is not protected by copyright and so may be freely reproduced as a matter of public right in our modern “sharing economy.” ... [read more]

Thursday, September 17, 2015 @ 8:00 PM

Spotlight on patent infringement damages

The Federal Court of Appeal has issued a ruling that could have wide-ranging consequences for the calculation of patent infringement damages. ... [read more]

Thursday, September 03, 2015 @ 8:00 PM

A drag on innovation?

Recently, in Bayer Inc. v. Cobalt Pharmaceuticals Co. [2015] F.C.J. No. 555, the Federal Court of Appeal heard an appeal relating to Cobalt’s attempt to gain market entry with its generic version of drospirenone, a birth control tablet distributed in Canada by Bayer under the brand name YAZ. ... [read more]

Thursday, July 02, 2015 @ 8:00 PM

Entertainment lawyers question feds’ music moves

Acclaimed singer-songwriter Randy Bachman is criticizing the Canadian government for leaving songwriters and composers out of changes to the country’s copyright laws that extend a sound recording owner’s rights from 50 to 70 years. ... [read more]

Thursday, July 02, 2015 @ 8:00 PM

Science v. sales

The main purpose of patent protection is to prevent others from interfering with a patentee’s right to fully enjoy the monopoly conferred by the patent, and thereby reward the patentee for developing something new, inventive and useful. ... [read more]