A recent decision by the Trademarks Opposition Board serves as a reminder that use of protected professional designations such as “engineer” or “engineering” as...
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IP News
New and Improved Plant Breeder’ Rights Regulations are on the Horizon
Plant breeders’ rights (PBR) are a form of intellectual property, somewhat similar to patents, that protect new plant varieties by offering plant breeders a...
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POOR EVIDENCE, LOST TRADEMARK – FEDERAL COURT DECISION ILLUSTRATES THE IMPORTANCE OF EVIDENCE IN SECTION 45 CHALLENGE
Canadian trademark owners facing a “use” challenge must provide clear, specific, and time-relevant evidence to show use of the trademark—or risk losing their registration....
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Accelerated Examination Will No Longer Be Offered for Trademarks Using CIPO’s Pre-Approved Goods and Services
Trademark applicants should be aware that examination timelines for trademarks have decreased significantly. Anyone who has applied for trademark protection in Canada in recent...
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A U.S. Court Rules on AI Training and Copyright
The recent decision by the United States District Court for the Northern District of California in Bartz v. Anthropic PBC is helping shape AI...
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FEDERAL COURT DECISION DISMISSES PATENT INFRINGEMENT ACTION
The Federal Court of Canada recently dismissed a patent infringement action brought by McCain Foods against a competitor, Simplot. McCain Foods alleged that Simplot’s...
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Federal Court Awards over $33 million in combined statutory damages in two recent copyright infringement cases
Statutory damages can be substantial, particularly where many works are infringed. In Canada, the remedies for copyright infringement include damages (based on the profits...
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Use of Trademark by a Licensed Subsidiary Benefits the Owner of the Trademark
The crux of one’s rights in a trademark lies in use of the mark. Upon issuance of a trademark registration, we advise owners that...
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CIPO Updates Industrial Design Office Practice Manual – What Applicants Should Know
Those who have applied for, or are looking to apply for, industrial design protection in Canada should be aware that the Canadian Intellectual Property...
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DO NOT WAIT ON ENFORCING YOUR PATENT RIGHTS – HOW CONFLICTING STATUTORY LIMITATION PERIODS MAY COMPLICATE YOUR LAWSUIT
Patentees and licensors should enforce their patent rights as quickly as they can to avoid possible issues of conflicting limitation periods. This is an...
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