Trademark distinctiveness is an examination criterion that was introduced to Canadian trademarks law on June 17, 2019, the day on which amendments to the...
Read more
Publications
Pending Amendments to the Official Marks Regime Potentially Provide Additional Strategy for Other Applicants
Pending amendments to Canada’s Trademarks Act that restricts the current official mark scheme may provide another strategy for applicants who wish to register marks...
Read more
Read more
Choueifaty Patent Application Contains Patentable Subject Matter, Patent Appeal Board Rules
Last year, in the decision of Yves Choueifaty v. Attorney General of Canada, 2020 FC 837 (“Choueifaty”), the Federal Court rejected the “problem and...
Read more
Read more
An Introduction to Novel mRNA Vaccine IP and Some Canadian Connections
The global spread of COVID-19 has challenged scientists to accelerate research and development in the race to find a safe and effective vaccine against...
Read more
Read more
Trademark Modernization Act (2020) to Spur Changes to US Trademark Law
Near the end of 2020, the US passed a $900 billion COVID-19 stimulus bill, which received global news coverage. What received less news coverage...
Read more
Read more
CHINA’S NEW PATENT LAW TO STRENGTHEN IP PROTECTION
On 17 October 2020, the National People’s Congress Standing Committee approved China’s new patent law, which will come into force on 1 June 2021....
Read more
Read more
Software Copyright in Canada
One manner of protecting computer software in Canada is by owning copyright in the underlying code. Under Canadian law, copyright subsists in both the...
Read more
Read more
Remote Working May not be as Simple as Logging in from Anywhere if Patent Protection is Desired
With the world in the midst of the global COVID-19 pandemic, many organizations have transitioned their workforces to remote working. For some employees that...
Read more
Read more
York University v The Canadian Copyright Licensing Agency (Access Copyright) (2020 FCA 77)
A recent decision from the Federal Court of Appeal addresses the extent of fair dealing as it relates to copyright, and whether tariffs set...
Read more
Read more
The Metes and Bounds of Section 53.1 Begin to Take Shape
Section 53.1 of the Patent Act Section 53.1 of the Patent Act came into force on 30 October 2019 and contemplates the introduction of...
Read more
Read more