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Intellectual Property

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Tuesday, January 09, 2018 @ 8:59 AM

The smart approach to foreign exchange in accounting of profits cases foreign_exchange_sm

The accounting of profits award in Dow Chemical Co. v. Nova Chemicals Corp. 2017 FC 350 is one of the largest awards for intellectual property infringement in Canadian history ($644 million). I have written about some aspects of the case previously; in this article, I will discuss Justice Simon Fothergill’s treatment of the issue of foreign exchange rates. ... [read more]

Tuesday, January 02, 2018 @ 9:49 AM

Decision clarifies the limits of copyright protection for data data_copyright_sm

“The world’s most valuable resource is no longer oil, but data.” That is the title of a May 2016 article in The Economist. Data is valuable. But who, if anyone, can own, control and distribute data? Data, like other valuable resources, attracts disputes over ownership and control. Still, the legal basis for ownership of data is not well understood. ... [read more]

Thursday, December 28, 2017 @ 9:31 AM

Bereskin & Parr adds IP associate to Toronto office

Bereskin & Parr announced that Donald Bocchinfuso has joined the firm’s Toronto office as an associate and member of its life sciences group. ... [read more]

Friday, December 15, 2017 @ 10:36 AM

RESTRICTIVE TRADE PRACTICES - Interpretation - Prevent or lessen competition substantially - Competition Tribunal

Appeal by the Toronto Real Estate Board (TREB) from two decisions of the Competition Tribunal (Tribunal) which held that certain information sharing practices of TREB prevented competition substantially in the supply of residential real estate brokerage services in the Greater Toronto Area (GTA). ... [read more]

Wednesday, December 13, 2017 @ 8:54 AM

William Shatner and the tort of appropriation of personality william_shatner_sm

William Shatner has objected to the unauthorized use of his name and image to promote a condominium project in Hamilton in a case that if litigated, could shed light on a rarely addressed cause of action. ... [read more]

Monday, December 11, 2017 @ 2:13 PM

Canadians on board of U.K.-based technology incubator

Mishcon de Reya LLP, a London, U.K.-based business law firm has founded a technology accelerator and invited two Canadians to serve on its board of directors. ... [read more]

Friday, December 08, 2017 @ 12:14 PM

Information on property sales must be made publicly available: Federal Court of Appeal

The Federal Court of Appeal has ruled against the Toronto Real Estate Board in its attempts to keep information from its listing service private, a decision the board is vowing to take to the Supreme Court of Canada. ... [read more]

Friday, December 08, 2017 @ 11:41 AM

Smart & Biggar to assist startups in Ottawa

Ottawa-based technology law and intellectual property law firm Smart & Biggar/Fetherstonhaugh has entered into a partnership with an organization that supports and promotes technology startups in the capital region. ... [read more]

Tuesday, December 05, 2017 @ 8:26 AM

How Canadian businesses can boost ownership of clean tech IP clean_tech_sm

As worldwide demand for clean technologies increases, Canadian businesses are in a unique position to capitalize on the expertise of our researchers to build companies that are true innovation leaders. ... [read more]

Thursday, November 30, 2017 @ 8:45 AM

U.S. court issues injunction on SCC global deindexing order

The Supreme Court of Canada’s controversial decision to issue a global deindexing order in Google Inc. v. Equustek Solutions Inc. 2017 SCC 34 has hit a significant roadblock. In a recently issued ruling (Google LLC v. Equustek Solutions Inc., Case No. 5:17-cv-04207-EJD (N.D. Cal. 2017), a U.S. Federal Court has issued a preliminary injunction against enforcing the Supreme Court’s order in the United States. ... [read more]