The Federal Court of Canada recently issued Canada’s first ever site blocking order in Bell Media Inc v GoldTV Services, 2019 FC 1432 (Bell...
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Publications
Madrid Protocol: An Alternative Path to Foreign Trademark Protection
On June 17, 2019, Canada implemented the Madrid Protocol. The Madrid Protocol provides trademark owners with an opportunity to file a single trademark application...
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Welcome to the New Patent Law in Canada!
Canadian patent law has changed in significant respects as of October 30, 2019. These changes will be of most interest to our foreign associates,...
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Bad News for Bad Faith Squatters – China to Introduce “Intent-to-Use” Requirement
A challenge faced by many international entities when entering the Chinese market is that their brands have already been registered as trademarks in China...
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Beyond a “Reasonably Diligent Search” in an Obviousness Attack
In Aux Sable Liquid Products LP et al. v. JL Energy Transportation Inc., 2019 FC 581 , the Federal Court eliminated the “reasonably...
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Parody Cannot be Relied on as a Defence to Copyright Infringement if it Causes Marketplace Confusion
Parody has been a fair dealing exception to copyright infringement in Canada since 2012. However, the scope that this defence would be afforded in...
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Federal Court of Canada Determines ISPs’ Reasonable Costs of Compliance with Norwich Orders
Due to a perceived cloak of anonymity on the Internet, Internet users may consider their activities online to be anonymous. This sense of anonymity is...
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The Collective Demands of Copyright Infringement Demand Letters
With increasing vigilance against social engineering scams, individuals have become conditioned to disregard any unsolicited communications. If an unexpected email arrives from an unknown...
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Protecting IP in China: The Utility Model Opportunity
With a population of 1.3 billion, China is the world’s second-largest economy and represents an exciting developing global market. International entities are increasingly establishing...
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Federal Court of Appeal Decision Clarifies the Meaning of “Normal Course of Trade”
Use is an important concept in Canadian trademark law. The watchword is “use it or lose it”. After three years of registration, a trademark...
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