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  • Article

    Picking Courts: Forum-Selection In License Agreements

    Any well-drafted technology or patent license agreement will contain dispute resolution provisions that may cover a number of things: such as picking a governing law in case of disputes, mandating arbitration or other alternatives to litigation, or even picking the courts or "forum" in which disputes will be heard - known as a "forum selection clause".
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    You Must Build It Before They Will Come: Health Canada Announces Significant Change To Cannabis Licensing Process

    In a significant departure from past practice, Health Canada will now require prospective applicants for cannabis cultivation, processing or medical sales licences to have fully built regulatory-compliant facilities ...
    CanadaFood, Drugs, Healthcare, Life Sciences
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
  • Article

    Arbitration Clauses in License Agreements (Part 1)

    This 2010 case is a good reminder that courts will give effect to arbitration clauses if that’s what the parties have chosen in their license agreements.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    BCPPSA Amendments Relating To Licences As Collateral Now In Force

    In an earlier edition of Fully Secured (December 14, 2011– Volume 2, Number 4) we reported on pending amendments to the BCPPSA.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    CIPO Pandemic Response: Update May 15, 2020*

    The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions in response to the ongoing health crisis.
    CanadaIntellectual Property
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Drafting IT Agreements: Oct. 14-15

    I will be speaking next week at the 10th Essentials of Commercial Contracts Course in Calgary, Alberta (Download PDF) on the subject of IT contracting.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Intellectual Property — Copyright - Federal Court of Appeal Dismisses Tariff 22.A Judicial Review Applications

    In a decision impacting Internet Service Providers, online music services and copyright owners, the Federal Court of Appeal has held that a download of a music file from an online music service to a single user is a communication of the musical work to the public under the Copyright Act.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Licensing Basics For Life Sciences: Getting Paid Through License Fees

    In life sciences, licensing fees are often upfront payments, ongoing royalties or milestone payments after a certain event in product development.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Open Source Software In The M&A Context

    While open source software has been around for decades, companies are just starting to appreciate the importance of focused OSS due diligence in the M&A context.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Patent Licensee's Standing To Sue For Infringement

    Although you might not think so, given the proliferation of litigation, courts are actually very particular about who can bring a lawsuit.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Software Licensing And Development: A Case Study

    This recent decision provides a good case study on software development, licensing and copyright issues.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Starling Brands Sells Kase Farma Subsidiary To HTC Extraction Systems

    On Jan. 29, 2020, HTC Extraction Systems (TSXV: HTC) (OTCQB: HTPRF) announced that it had closed its previously announced purchase of all the issued and outstanding shares of Kase Farma Inc. from Starling Brands, Inc.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    OECD Report Issues Report On Counterfeiting And Piracy Of Tangible Products

    A recent report from the Organisation for Economic and Co-operation and Development (OECD) confirms what has been known for a long time: that counterfeiting and piracy of tangible goods is a major impediment to global trade, and is only getting worse.
    CanadaMedia, Telecoms, IT, Entertainment
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    CRA Comments On Bundled Cross-Border License Fee

    Subparagraph 212(1)(d)(vi) of the Income Tax Act (Canada) exempts non-residents of Canada from non-resident withholding tax on Canadian royalty payments received in respect of a copyright for the production or reproduction of any literary, dramatic, musical or artistic work.
    CanadaTax
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Arbitration Clauses In License Agreements (Part 3)

    We have reviewed a few decisions relating to arbitration clauses in intellectual property license agreements.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Medicines Patent Pool Gets Big Wins In Accessing Breakthrough COVID-19 Drugs For The Third World

    We have previously written about the benefits of licensing as a way to get the drug remdesivir quickly deployed during the COVID-19 pandemic.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Canadian Government Completes Consultations With Canadians On Copyright Reform

    The Canadian government recently concluded a nation-wide consultation on copyright modernization.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Global Economic Crisis And Franchise Disclosure – What´s The Connection?

    The world is undergoing an unprecedented economic crisis for this generation. Like all businesses, franchisors are watching events unfold, with a feeling that there is little they can do to turn the tide.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Android vs. Java: Copyright Update

    In a sprawling, billion-dollar lawsuit that started in 2010, a jury yesterday returned a verdict in favour of Google, delivering a blow to Oracle.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    App Law: Regulators Crack Down

    Canadian app developers must take care to avoid sanction from regulators both in Canada and in other countries - particularly in the U.S. - when launching apps.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Showing 21–40 of 291 results

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