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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Publications
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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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...
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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...
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