Recently, there has been much publicity around self-declared ‘free’ TV streaming devices. The websites selling these devices such as http://www.freetvbox.ca/ and http://androidtvboxescanada.com/ allege that...
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Publications
Offensive Trademarks as Free Speech: a Canadian Perspective
Last month, the U.S. Court of Appeals for the Federal Circuit overturned a decision of the United States Patent and Trademark Office (“USPTO”) which...
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An Uncertain Prognosis for the Patentability of Diagnostic Methods in Canada
The sands of patentable subject-matter are shifting around the world, and Canada is no exception. On 29 June 2015, the Canadian Intellectual Property Office...
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SCC Reaffirms Importance of Technological Neutrality to Canadian Copyright Law
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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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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