Beginning in earnest in 2017 with the issuance of the “Opinion on Deepening the Reform of the Review and Approval System and Encouraging the...
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Publications
CIPO Tackles Pending Trademark Application Backlog with New Practice Notices
On 3 May 2021, the Canadian Intellectual Property Office (CIPO) published two new Practice Notices aiming to address its unexamined application backlog. There is...
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U.S. Supreme Court Rules Google’s copying of Oracle’s code of permissible “Fair Use”
The U.S. Supreme Court released a much-anticipated ruling in Google LLC v. Oracle America, Inc., 593 U.S. ____ (2021) on 5 April 2021, ending...
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The Lack of Inherent Distinctiveness Examination Criterion: A Year Later
Trademark distinctiveness is an examination criterion that was introduced to Canadian trademarks law on June 17, 2019, the day on which amendments to the...
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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...
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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...
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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...
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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...
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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....
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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...
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