The Supreme Court of Canada (SCC) has affirmed in Canadian Broadcasting Corp. (CBC) v. SODRAC 2003 Inc. that the making of ephemeral copies required...
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Publications
The Trans-Pacific Partnership and Implications for Canadian Copyright Law
Negotiations on the Trans-Pacific Partnership (TPP) free trade agreement have concluded, and on November 5, 2015, the government of Canada published the official text...
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Privilege: Coming Soon to Canadian Patent and Trademark Agents
Bill C-59 provides statutory privilege for confidential communications between patent and trademark agents and their clients. Bill C-59 received royal assent on June 23,...
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Canadian Anti-Spam Legislation is Coming Into Force…Are You Ready?
New anti-spam legislation has been introduced in Canada to deter spam and other electronic threats such as identity theft, phishing and spyware. The majority...
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What is a patent worth? Look to the claims
A patent provides its owner with a monopoly over an “invention”. This can be a powerful right, but many people who are new to...
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Under what circumstances does the display of a trademark on a webpage constitute “use” of that trademark in Canada?
With an increasing number of businesses advertising and conducting business over the Internet, a question that often arises is whether by virtue of its...
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AbbVie Corporation et al. v. Janssen Inc. 2014 FC 55 – Landmark Antibody Patent Infringement Decision Upholds Functional Claims
On January 17, 2014, the Federal Court rendered its decision in Abbvie Corporation et al. v. Janssen Inc., a patent infringement case involving Canadian...
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GPPH: More Than a Two Lane (Patent Prosecution) Highway
Patent Prosecution Highway (PPH) programs speed up patent examination procedures and allow applicants to obtain patents quickly by allowing one patent office to benefit...
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Industrial Designs – Intellectual Property’s Secret Weapon
Most people have heard of copyright, trademarks, and patents, three major categories of intellectual property. But there is a fourth lessor known category, which...
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Canadian Federal Courts Consider When “Prior Use” Invalidates a Patent
Disclosure of an invention prior to the filing of a patent application can have disastrous consequences for an inventor. In order to obtain a...
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