SCC Copyright Decisions

The regulations affecting trademarks weren't fully in effect until 2025. More than a year later, the number of complaints against businesses has never been higher.

In Ontario, business owners typically consider franchising versus licensing as they plan to grow their company. Both methods promote growth through the resources of a third party, but they work in dramatically different ways.

Are you ready for changes to the Charter of the French Language ("Charter") that will come into force on June 1, 2025? Bill 96 was enacted on June 1, 2022, with its various provisions taking effect...

CanLII, Canada's free legal database, and Caseway, an AI legal research platform, have reportedly reached a settlement in their copyright dispute over the use of legal case data for artificial intelligence training purposes. The resolution addresses concerns about unauthorized use of publicly available legal materials and the boundaries of AI development in the legal technology sector.

Canada's Intellectual Property Office has introduced a new expedited examination program for patent applications in critical technology sectors. The Key Technology Expedited Program waives the advanced examination fee and promises first office action within seven months for qualifying applications related to critical minerals supply chain innovations.

For Canadian innovators, the patenting process can seem unreasonably slow. In an effort to address this, the Canadian Intellectual Property Office (CIPO) created various procedures to expedite the examination process in Canada. Knowing which fast track options exist, when they make sense, and how to use them effectively can provide a significant commercial advantage.

Trademark owners facing expungement for failing to file evidence of use in section 45 proceedings may have recourse through the Federal Court appeal process. The recent Lion Corporation case demonstrates how administrative errors by trademark agents can be remedied, allowing registrants to file additional evidence and potentially reinstate their registrations when the failure was beyond their control.

The patent landscape is evolving as entrepreneurs and investors seek new approaches to protecting IP rights consistently across jurisdictions. Organizations like the Intellectual Property Owners Association provide forums to voice concerns, analyze issues, and advance policies aimed at accelerating innovation across borders.

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...

Foreign companies launching products in Canada often overlook industrial design registration, one of the most cost-effective forms of IP protection available. Copyright protection for product appearance is significantly restricted once a design is reproduced in quantities exceeding 50 copies, making industrial design registration the primary statutory protection for commercially manufactured products.

Kelly Nicholson was the Chair of this panel.

A claim for diminished value of a vehicle repaired after an accident is not covered under Section C of the Alberta Standard Auto Policy, SPF No. 1.

A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December.

On April 2, 2020, Field Law reported that the limitations periods in various statutes had been suspended due to the impact of COVID-19.

The impact of mental health on disciplinary proceedings is becoming more prominent for regulators. Two recent decisions from the British Columbia Court of Appeal indicate that while it will still be rare.

An education assistant in BC with a racy OnlyFans account has been fired for what her employer calls 'egregious' conduct. Jason Kully joined Edmonton AM...

In a recent decision released by the Canadian Privacy Commissioner (PIPEDA Report of Findings #2014-001), the commissioner investigated a complaint that Google pitched ads to an individual based on medical information that he disclosed while surfing various health-related websites.

The COVID-19 pandemic could cause large losses for liability insurers covering nursing homes and long-term care facilities, and therefore further tightening of rates, a Canadian managing general agent predicts.

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations...