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Intellectual Property

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Monday, December 21, 2020 @ 8:34 AM

Why your organization needs a privacy leader WomanWithFingerPrint

Organizations have increasingly been harnessing personal information (PI) to gain insight to drive decisions, improve efficiency and user experience. This not only brings greater opportunities but bigger risks as well. The need to protect PI has amplified with the steady increase of data breaches. This has led to enhanced data protection and privacy regulations globally and an increasing need for privacy specialists. ... [read more]

Friday, December 18, 2020 @ 10:43 AM

Basmati rice, India-Pakistan geographical indications dispute: Whose name is it? Basmati rice

Basmati rice has a significant consumer base throughout many parts of the world. The rice is known for its distinct taste and appearance, primarily owing to its terroir (specifically the soil, climatic and valley conditions under which it is grown). After years of legal battle to safeguard the proprietary interest of the rice through intellectual property (IP), geographical indications (GI) status was finally granted in India in 2016. ... [read more]

Wednesday, December 16, 2020 @ 8:55 AM

2020: A difficult year that will help move justice system forward | Charlene Theodore

How do we best describe the events of 2020? Countless news articles have already documented the torment of the pandemic. The pain of racial inequality brought to light once again by the senseless deaths of Black and Indigenous people has made more people keen to leave this past year in the rear view mirror. ... [read more]

Tuesday, December 15, 2020 @ 8:46 AM

COVID-19 put courts, integrity of Ontario’s civil jury system on trial | Julius Melnitzer

Citing the uncertainty as to when civil jury trials might resume during the pandemic, motions to strike juries have proliferated. Critics pointed to the extra effort, co-ordination, length and expense jury trials required, as well as the strain on jurors and demanded their elimination. ... [read more]

Monday, December 14, 2020 @ 2:46 PM

Licensing trademarks: Basic requirements circlemoney1

To appropriately license a trademark, the trademark owner should comply with the Trademarks Act. Section 50 provides that, for the purposes of the Act, if an entity is licensed by or with the authority of the owner of a trademark to use the trademark in a country and the owner has, under the licence, direct or indirect control of the character or quality of the goods or services, then the use, advertisement or display of the trademark in that country as or in a trademark, trade name or otherwise by that entity has, and is deemed always to have had, the same effect as such a use, advertisement or display of the trademark in that country by the owner. ... [read more]

Monday, December 14, 2020 @ 10:24 AM

Behind masks: First Ontario civil jury trial during COVID | Moya Graham, Leah Ostler, Morgan Watkins

Against the new backdrop of e-litigation and virtual hearings, on Sept. 30, 2020, our trial team joined opposing counsel, the judge, jury and court staff at the 330 University Ave. courthouse in Toronto to participate in the first civil jury trial in Ontario since the COVID-19 pandemic commenced. ... [read more]

Friday, December 11, 2020 @ 12:53 PM

Protecting fashion goods in Canada rackojeans

A decision of the English High Court recently released shows how protection can be obtained for fashion goods (Freddie SPA v. Hugz Clothing Limited [2020] EWHC 3032). However, the fact remains that in Canada there are difficulties associated with protecting fashion goods. ... [read more]

Thursday, December 10, 2020 @ 8:26 AM

Mental health in the legal profession: Critical and overlooked | Aaron Baer

When I talk to friends outside of the legal industry, they’re often shocked by what I tell them. About the processes that many lawyers use when they work. About the reluctance to embrace technology. About the lack of metrics, the dated leadership styles and the short-term thinking. ... [read more]

Tuesday, December 08, 2020 @ 12:19 PM

Trademarks filed in bad faith: Banksy loses rights to Flower Thrower Banksy

In recent decades, with artists such as Shepard Fairey and Banksy becoming household names, graffiti has grown in widespread popularity and has made its way into the mainstream. This new mass appeal and commercialization of graffiti has led to unauthorized reproductions and copyright infringement claims. ... [read more]

Tuesday, December 08, 2020 @ 10:54 AM

Canada should let Meng go | Gary Botting

On the eve of Huawei CFO Meng Wanshou’s return to court in Vancouver Dec. 7, the Wall Street Journal claimed that the U.S. Department of Justice (DOJ) had leaked news that officials were open to discussing a possible plea agreement with her lawyers.   ... [read more]