Focus On

Intellectual Property


Thursday, January 07, 2021 @ 8:32 AM

Cross-firm collaboration one result of innovative legal tech: part one legal_IT_sm

At 5 p.m. on a Wednesday, a senior partner of a law firm in Toronto received a call from the general counsel (GC) of one of her clients based in Australia. During the call, the GC explained in detail a strategic M&A opportunity that had just emerged. It involved the acquisition of a corporation with significant assets in Canada, France, Italy, Germany, South Africa, Russia, India and eight countries in Latin America. As the chief legal officer of the corporation, she would manage the efforts of her team internally but needed the assistance from her external counsel with the proposed transaction. Legalese was not only absent in the call, but also disdained. Modern international legal counsel speak business in plain English and assume the use of technology in legal matters. ... [read more]

Wednesday, January 06, 2021 @ 8:16 AM

Embrace of work-life balance coming to legal profession | Gary Joseph and Tori Joseph

We are bookends in the profession. The older one nearing the expiry of his useful shelf life as a lawyer (Gary, if you can’t tell from the pics) and Tori, the fresh and eager face in the profession. ... [read more]

Monday, January 04, 2021 @ 11:20 AM

Introduction to novel mRNA vaccine IP: Some Canadian connections vaccine

The global spread of COVID-19 has challenged scientists to accelerate research and development in the race to find a safe and effective vaccine against SARS-CoV-2. Among the frontrunners are the mRNA vaccines developed by Pfizer and its German partner BioNTech and by Moderna Therapeutics and the National Institutes of Health. ... [read more]

Monday, January 04, 2021 @ 9:16 AM

Second estate: Court finds no contract not to rebroadcast interview Whistleblower

One of the central tenets of any gangster movie is never “rat” on your friends, especially to the police. Another lesson apparent from any gangster movie is that if you are going to be an informant for the police, you want to keep that quiet. Not everyone shares that philosophy. Some people prefer to be interviewed on national television — they just don’t want to show up in reruns. ... [read more]

Monday, January 04, 2021 @ 8:36 AM

Alberta’s legislation on privacy and protection of personal information needs review: commissioner

Alberta’s information and privacy commissioner is calling on the provincial government to look at updating its legislation on the protection of privacy and personal information in light of the sweeping technological change brought about by the COVID-19 pandemic and a movement to change similar legislation in other jurisdictions. ... [read more]

Thursday, December 24, 2020 @ 12:22 PM

Appeal Court rejects supreme reign of official marks Royal Insignia

Official marks, also known as “prohibited marks,” have long drawn the ire of international and local brand owners for providing a form of special protection to logos and marks adopted by public authorities that increasingly lack a modern day justification. ... [read more]

Wednesday, December 23, 2020 @ 1:44 PM

Importance of obtaining trademark registration pileofluggage

A decision of the Federal Court of Appeal, released on Dec. 9, 2020, (Group III International Ltd. v. Travelway Group International Ltd. 2020 FCA 210) clarifies the law concerning the impact of a registered trademark on pre-expungement claims when it has been expunged by the court. The decision emphasizes the importance of obtaining a trademark registration and opposing applied for trademarks when advertised.   ... [read more]

Wednesday, December 23, 2020 @ 6:49 AM

TRADEMARKS - Infringement - Passing off and unfair competition 

Appeal by Dong and his companies from a judgment that found them liable for trademark infringement and passing off and dismissed their counterclaim. ... [read more]

Tuesday, December 22, 2020 @ 9:07 AM

Arbitration community didn’t rest during pandemic: 2020 roundup 2020_review

When the pandemic hit full-on in March, the global arbitration community pivoted quickly to the new reality. Business disputes still needed to be resolved and parties in many cases could not tolerate significant delays. Arbitration’s vaunted attribute of flexibility came to the fore, and institutions, arbitrators, counsel and parties soon adapted to the virtual world. For many in the field, participating as a volunteer arbitrator in the Vis and Vis East moots in the spring provided an early opportunity to become accustomed to conducting hearings online. ... [read more]

Monday, December 21, 2020 @ 10:16 AM

What no-deal Brexit could mean for Commonwealth Brexitclock

While Britain ponders a no-deal Brexit, and the implications for trade between the U.K. and other countries, one country potentially stands to benefit more than others: Canada. ... [read more]