Focus On

Intellectual Property


Wednesday, June 24, 2020 @ 2:29 PM

Words in afterlife: Copyright permission 25 years after author’s death BlueCricketplayer

“In summer time village cricket is the delight of everyone.” ... [read more]

Wednesday, June 24, 2020 @ 8:51 AM

Ethics during the pandemic: Avoiding Faustian bargain | Joël Roy

As trial attorneys, to say our professional (and, often, personal) lives have been turned upside down by COVID-19 would be a major understatement. Postponed trials, anxious clients and a growing sense of helplessness have surely marked our practices in these troubled times. Yet, many of us see the justice system’s increased openness to technology as one potential silver lining. Indeed, courts now seem more and more willing to engage in remote hearings, virtual discovery and e-filing, which is truly something to celebrate amidst the otherwise chaotic state of litigation across the country. ... [read more]

Tuesday, June 23, 2020 @ 2:38 PM

Alberta and Ontario courts warm to videoconferencing zoom_screen_sm

Despite differences in the applicable court rules, recent cases from Ontario and Alberta in the context of COVID-19 social distancing restrictions demonstrate a similar willingness to use videoconferencing to facilitate cross-examinations on affidavits and questioning for discovery. ... [read more]

Monday, June 22, 2020 @ 10:55 AM

Six-month delay for Canada’s new drug pricing rules Dollarsignintesttube.jpg

Over the last several years, there has been a great deal of uncertainty regarding Canada’s patented drug pricing regime. That uncertainty is set to continue for at least six more months as the coming-into-force of the amended Patented Medicines Regulations has been delayed from July 1, 2020, to Jan. 1, 2021. ... [read more]

Friday, June 19, 2020 @ 1:34 PM

Copyright and memes: Drake effect, exceptions to infringement Youngfolksphonelaughing.jpg

In 2015, Drake released “Hotline Bling” with a slick music video. A meme soon emerged using frames from the video, in which Drake is shown reacting to two different images: rejecting image A, and embracing image B. ... [read more]

Friday, June 19, 2020 @ 12:18 PM

Whose phone is it, anyway? Privacy rights when employees use corporate devices Hands using cellphone and laptop

As businesses have adapted to operating remotely, many have had to provide electronic devices to employees in order to ensure they remain productive. A question that has become more prevalent is what privacy rights an employee has in information stored on corporate-owned electronic devices? ... [read more]

Friday, June 19, 2020 @ 8:54 AM

Justice and the pandemic: How Canada ranks Canada_COVID_sm

This article is the second of a three-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Thursday, June 18, 2020 @ 10:54 AM

Human versus machine: AI can’t be recognized as inventor, U.S. patent office rules Artificial intelligence

The following article explores the intellectual property debate on artificial intelligence technology. Businesses are not only increasingly integrating artificial intelligence (AI) to maintain their competitive edge, debates concern global technology firms seeking to monetize colossal AI investments. With applications extending from high-end data science and health care to automated customer service, AI is making waves across enterprises. ... [read more]

Thursday, June 18, 2020 @ 5:31 AM

PATENTS - Procedure - Case management

Appeals by the defendants Apotex and Teva Canada, two generic drug companies, from a decision of a case management judge ordering that the trial of common issues in the respondent Bayer’s actions against two other generic drug companies was to be heard together with the trial of common issues in Bayer’s actions against the appellants. ... [read more]

Tuesday, June 16, 2020 @ 8:10 AM

When trademark is invalid because of bad faith Cloud computing

The recent decision of Justice Richard Arnold in the case of Sky Plc v. Skykick UK Ltd [2020] EWHC 990 brings some finality to the determination of what constitutes “bad faith” in the context of a trademark application or registration in England or the EU. ... [read more]