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Intellectual Property

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Monday, April 06, 2020 @ 12:18 PM

When can you register a trademark? Brandsign

The easy answer is “the sooner the better” but the concept of registrability plays an important part in the choice of a mark and should be considered at an early stage. The right to registration is not automatic and a proposed trademark must comply with the Trademarks Act. This is broadly referred as “registrability.” The existence of several characteristics may preclude obtaining a registration. A prospective trademark owner should be aware of these restrictions. ... [read more]

Friday, April 03, 2020 @ 1:46 PM

The effects of pandemic on international arbitration virtual_meetings_international

The arbitral community has been turned upside down by COVID-19, like every other sector of the legal industry and the broader business community. Many hearings are being adjourned as people are restricted from travelling or forced into self-isolation. ... [read more]

Friday, April 03, 2020 @ 8:30 AM

Facing pandemic as a law practice program candidate 2resumes.jpg

The economic impact of the COVID-19 pandemic has been hard to digest. No one knows how bad it’s going to get or not. Business activity in some regions has fallen sharply and supply chains have been disrupted. This has pulled down commodity prices and the Canadian dollar has depreciated. Consumers and businesses have become more cautious in their spending given the uncertainty. ... [read more]

Tuesday, March 31, 2020 @ 1:28 PM

Recent IP censorship decisions signal trend Censoredcamera

A recent decision of the European Court of Justice overturned decisions of the European Union for Intellectual Property and the General Court which had found that the trademark Fack Ju Göhte was shockingly vulgar and in violation of public morality. The EU decision is consistent with recent decisions of the U.S. Supreme Court and may represent a trend in cases of this type. These decisions emphasize that questions of this nature need to be decided objectively based on evidence not the taste of one examiner or a judge. Freedom of expression must be considered and is an important consideration. ... [read more]

Tuesday, March 31, 2020 @ 8:43 AM

Access to Justice: Justice in the time of social distancing | Beverley McLachlin

The COVID-19 virus has changed our world. It is unprecedented, impacting every aspect of our daily lives, keeping us apart from each other and shutting down most of our conventional ways of interacting in society, save for essential services. ... [read more]

Monday, March 30, 2020 @ 12:03 PM

Federal Court working on access to justice, despite COVID-19; urgent matters still being heard

The Federal Court is continuing to hear all urgent matters, as well as exceptional matters, on a “case-by-case” basis, by teleconference or videoconference according to the terms of its practice direction and order issued March 17, and the frequently asked questions (FAQs) on March 20, the court’s legal counsel, Andrew Baumberg has confirmed. ... [read more]

Friday, March 27, 2020 @ 9:26 AM

COVID-19 time for reflection, possible change | Rachel Goldenberg

It is March 2020 and I am currently sitting at my desk in my home office. I have a hot coffee beside me, my husband is working in the next room, and my children are happily and wildly playing around the house. Sounds simply idyllic, right? Not so much. We are all home, not of our own choosing, but because we are self-isolating, amid the COVID-19 pandemic that has spread across the world. We are all social distancing, staying home and trying to keep everyone we know and love healthy and safe. ... [read more]

Friday, March 27, 2020 @ 8:34 AM

New work from home reality an opportunity for law firms | Andrea Lekushoff

It’s hard to believe how quickly the COVID-19 outbreak has changed our business landscape. The overall tone of public messaging went from cautious to urgent in just a few short weeks. In the midst of all this uncertainty, companies are trying to figure out how to best follow publicly issued guidelines and directives while serving clients and conducting business in as close to their usual way as possible. ... [read more]

Thursday, March 26, 2020 @ 1:21 PM

Four key actions lawyers can take to mitigate effects of COVID-19 Working from home

COVID-19 has had a dramatic impact on the legal profession in the past few weeks. Courts in many jurisdictions have shut down. Many lawyers and support staff are working from home. Clients are confused. And there is no end in sight. Coping strategies are the key to getting through this difficult time. ... [read more]

Wednesday, March 25, 2020 @ 10:40 AM - Last Updated: Wednesday, March 25, 2020 @ 4:38 PM

COVID-19 relief bill gets royal assent; wage subsidies boosted to $52 billion from $27 billion  Bill Morneau

After hours of negotiations between the Trudeau government and opposition parties, the House of Commons and Senate passed on March 25 (with significant changes from its initial draft form) the COVID-19 Emergency Response Act. ... [read more]