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Intellectual Property

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Tuesday, June 02, 2020 @ 9:23 AM

COPYRIGHT - Licensing societies - Defences to infringement - Fair dealing

Appeal by York University from trial judgment allowing the respondent’s action for enforcement of an interim tariff and dismissing the appellant’s counterclaim for a declaration that all copying by the appellant which fell within the terms of the appellant’s Guidelines constituted fair dealing. ... [read more]

Monday, June 01, 2020 @ 8:40 AM

Hailey Bieber, intellectual property: Is it too late now to say sorry? Plastic surgery

Beverly Hills plastic surgeon Dr. Daniel Barrett posted a video on TikTok suggesting that Hailey Bieber, the wife of Canadian popstar Justin Bieber, has undergone plastic surgery including rhinoplasty, jawline contouring, reshaping her chin, skin-tightening procedures and lip fillers. ... [read more]

Thursday, May 28, 2020 @ 1:16 PM

Canadian courts adapt to challenges of COVID-19 closed_COVID_sm

Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]

Wednesday, May 27, 2020 @ 8:41 AM

Legal and ethical challenges of using AI in arbitration AI_handshake_sm

While artificial intelligence (AI) has immense potential in improving efficiencies in the field of arbitration, there are ethical and practical considerations that have yet to be fully considered before it can be the new norm. ... [read more]

Tuesday, May 26, 2020 @ 11:45 AM

Reimagining privacy in times of COVID-19 CovidCrowdtracking.jpg

Now is a great time for lawyers to reread (or read) Samuel Warren and Louis Brandeis’ seminal work, “The Right to Privacy,” published in the Harvard Law Journal in 1890. In what is one of the earliest expositions of privacy as a legal right, the bright Harvard graduates recognized that new technologies of their time infringed the right of an individual to be let alone. Indian lawyer and author Rahul Matthan, in his book Privacy 3.0, gives a fascinating account of how Warren’s personal efforts to protect his brother, a gay man, from public shame and conviction may have catalyzed his co-authoring of the article. ... [read more]

Monday, May 25, 2020 @ 1:29 PM

Grand theft software Grandtheftauto.jpg

A recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the videogame called Grand Theft Auto V. ... [read more]

Monday, May 25, 2020 @ 12:51 PM

DLA Piper names new chair of Canadian IP and technology group

DLA Piper (Canada) LLP announced that Sangeetha Punniyamoorthy has been appointed ‎chair of the Canadian intellectual property (IP) and technology group.‎ ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

Tuesday, May 19, 2020 @ 1:35 PM

Charming story about passing off to the rescue Charm Bracelet

A recent decision of the U.K. Court of Appeal raises some interesting issues concerning trademark infringement and passing off relating to the sale by the defendant of genuine goods manufactured by the plaintiff (Brealey and another v. Nomination Di Antonio E Paolo Gensini SNC and another company). ... [read more]

Thursday, May 14, 2020 @ 1:47 PM

A checklist for franchise causes of action: Common law franchise_magnify_sm

This article provides an outline of frequently claimed substantive franchise causes of action under common law. (Two earlier articles in this series addressed procedural issues in franchise litigation and substantive causes of action that are statute-based.) ... [read more]