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  • Article

    API Copyright Update: Oracle Wins This Round

    The basic question "are APIs eligible for copyright protection?" has consumed much analysis (and legal fees) during the lawsuit between Oracle and Google.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    CanLII And Caseway Reportedly Settle AI Copyright Dispute

    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.
    CanadaIntellectual Property
    Goodmans LLP
    Goodmans LLP
Article

Everything You Wanted To Know About Software And Business Method Patents But Were Afraid To Ask

A discussion on the practical aspects of obtaining, asserting, and defending against software and business method patents in Canada.
CanadaIntellectual Property
Gowling WLG
Gowling WLG
  • Article

    Facebook Now Accepting Requests For Profile And Page Usernames

    As we previously reported (Torys’ IP bulletin), Facebook recently announced that it would allow Facebook users and Page administrators to create personalized usernames for their Facebook profiles and Pages.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Google As The "Inadvertent" Facilitator: BC Court Grants Injunction Forcing Google To Remove Websites Worldwide

    The BC Supreme Court has ordered Google, as a third party, to remove from its search engine all websites operated by the defendants in the action.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Google v. The Court: Free Speech And IP Rights (Part 2)

    The Supreme Court of Canada (SCC) will render its judgment in writing, and the current expectation is that it will clarify the limits of extraterritoriality, and the unique issues of protected expression in the context of IP rights and search engines.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Let A Thousand .Flowers Bloom? Update On New gTLDs

    You may recall our earlier posts describing the gTLD process (see: The New gTLDs: Who, What and When).
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    New Rules For US DMCA Agent Registration

    One of the central features of the U.S. Digital Millennium Copyright Act for online service providers is the combination of the Notice and Takedown regime and the corresponding Safe Harbour provision.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    No Copyright Or Trademark Protection For Metatags

    The court reviewed the facts and past metatag decisions and decided that, on balance, the metatags that were copied did not qualify for copyright protection.
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    Nobody’s Perfect - Canadian Court Addresses The Standard When Correcting Clerical Errors

    In the recent case of "Repligen Corporation v. Canada (Attorney General)" (2012 FC 931), the Federal Court granted a second application for judicial review of a decision made by the Commissioner of Patents.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Notice Regime And Norwich Orders

    The Supreme Court of Canada released its decision in Rogers Communications Inc. v. Voltage Pictures, LLC, holding that internet service providers ...
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Protect Your Trademarks From Facebook Usernames

    Facebook, the social networking website, has announced that beginning at 12:01a.m.EDT on June 13, 2009, Facebook users will be able to create personalized usernames for their Facebook pages.
    CanadaIntellectual Property
    Torys
    Torys
  • Article

    Providing Copies Of Works To Consumers By Online Streaming Services Is "Communicating" Of Works "To The Public" By Telecommunication: Rogers Communications Inc. v. SOCAN (2012 SCC 35)

    The central issue in the Rogers case was whether the delivery of musical works via the internet constitutes communication of the musical works "to the public" by telecommunication, within the meaning of paragraph 3(1)(f) of the Copyright Act, such that copyright right holders should receive compensation.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Terms of Service and Deceased User’s Account

    When a user dies, who owns the contents of that user’s account?
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    UK Ruling - Internet Jurisdiction Based On Server Location?

    Recently, a court in the UK (Football Dataco Ltd et al. v. Sportradar GmbH) found that the location of a server determined the appropriate jurisdiction to regulate internet content. This is not entirely consistent with the Canadian approach.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    US Considers Tough Legislation To Cripple Foreign Sites That Infringe US IP

    Recently, a controversial new bill was introduced in the United States House of Representatives. The new bill, entitled the Stop Online Piracy Act, aims to undercut the business model of websites who sell or distribute pirated American products or works by imposing obligations on third parties who deal with the sites.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Wildcat v. Wizards: "Magic" Patent Battle Brewing

    A few years ago, Wizards of the Coast (a subsidiary of Hasbro), creators of the popular trading card game Magic: The Gathering, developed Magic: The Gathering Online, a video game version of the trading card game.
    CanadaIntellectual Property
    DLA Piper
    DLA Piper
  • Article

    Software And IT Solutions: Update Regarding The Digital Services Tax

    The Government of Canada has announced that it has rescinded the Digital Services Tax (DST) in order to advance broader trade negotiations with the United States. For now, the June 30, 2025, collection of the DST...
    CanadaInternational Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Decision Clarifies Limitation Periods For Internet Libel

    In this recent interview, Brian Radnoff describes the effect of a recent defamation decision from the Court of Appeal for Ontario ( Shtaif v. Toronto Life Publishing Co. Ltd.) on how limitation periods in the Libel and Slander Act function, how those provisions apply to Internet libel and the state of the "single publication rule" in the law of Ontario.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Facebook App: Dispute Resolution Terms Upheld

    In a Facebook app called "SuperPoke! Pets", players adopted virtual pets and acquired or purchased virtual currency to buy things for their virtual pets.
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Showing 241–260 of 1994 results

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