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  • Article

    Bill C-32: Proposed Revisions to the Copyright Act

    On June 2, 2010 the federal government introduced Bill C-32 which addresses numerous issues that have arisen since the Copyright Act was last substantially revised in 1997, including challenges resulting from rapid advancements in digital and Internet technologies.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Bill C-56 Tacks On Significant Amendments To Trade-Marks Act

    On March 1, 2013, Bill C-56 was introduced in the House of Commons, and is it is directed to amend the Copyright Act and the Trade-marks Act to add new civil and criminal remedies to curtail commercial counterfeiting activities.
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
Article

Canada's Counterfeit Border Protection Measures - A Status Report

Canada's new customs "Request for Assistance" program has now been in place since January 1, 2015, giving IP owners a peek into the effectiveness of the system and possible costs.
CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
  • Article

    Canada Concludes Negotiations On Free Trade Agreement With Trans-Pacific Partners

    Canada and eleven other countries, including Australia, Chile, Japan, Malaysia, Mexico, Peru and Singapore, have entered into an agreement to create the world's largest free-trade zone.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Canada Strengthening Its IP Regime

    As with previous years, Canada has been placed on the U.S. 2011 Priority Watch List of countries for which there are concerns regarding the protection and enforcement of intellectual property rights.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Copyright Dispute To Continue - Supreme Court Denies Leave To Appeal In C-Map USA Inc., et al. v. Nautical Data International, Inc. et al.

    On August 15, 2013, the Supreme Court of Canada (SCC) declined to hear an appeal from the Federal Court of Appeal (FCA)’s decision to reverse a summary judgement dismissal of two copyright infringement cases.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Copyright Infringement Overseas Can Give Rise To Compensation In Canada

    In a recent decision, Layette Minimôme Inc. v. Jarrar 2013 QCCS 6084, the Superior Court of Quebec awarded damages to a Canadian company whose goods were being copied, on the grounds that the infringing party did not respect its obligation of good faith under the Civil Code of Quebec.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Copyright Protection For APIs

    Oracle America Inc.'s claims against Google Inc. are back in the news again. At one point it appeared that Google would succeed with its fair use defense. However, Oracle has recently scored a significant victory.
    CanadaIntellectual Property
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Copyright Year In Review — 2015

    This article summarizes noteworthy Canadian copyright law decisions and developments from 2015.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    CUSMA And Regulatory Amendments Create Challenges And Opportunities For IP Owners In 2018

    The CUSMA enhances protection and enforcement measures for trade secrets, i.e., valuable business information that derives its value from being kept confidential.
    CanadaIntellectual Property
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Customs Recordal Now Available In Canada To Combat Counterfeit Goods

    In January 2015, portions of the Canadian Combating Counterfeit Products Act ("CCPA") came into force enabling IP rights holders to record their copyright and registered trademark rights with the Canada Border Services Agency ("CBSA") in an effort to stop counterfeit goods before they enter the Canadian market.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Do You Actually Own The IP Generated By Your Canadian Employees?

    Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. In this context, it is paramount for businesses to ensure that they own the intellectual property assets generated by their employees.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Do You Actually Own The IP Generated By Your Canadian Employees?

    Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. In this context, it is paramount for businesses to ensure that they own the intellectual property assets generated by their employees.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Approves Website Seizure And Anton Piller Order Against Online Copyright Piracy Platform

    On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites ...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Decides Users Can Opt-out Of Board Sanctioned Copyright Tariffs

    Access Copyright (AC) is a collective society that collects and distributes royalties to copyright holders of published literary works in its repertoire (the Works).
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    First Decision Finding Copyright Infringement In Generative AI

    The first major decision on copyright liability in AI, Thomson Reuters v. Ross Intelligence, provides critical insight into how copyright laws will be applied in the context of generative AI training.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Get Up, Stand Up, For Your Copyrights

    Feb. 6 is Bob Marley Day, and 2020 marks what would have been his 75th birthday. In Marley's time, and for generations of prior musicians, the business model was simpler:...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    How To Develop A Successful IP Strategy For AI

    Companies implementing artificial intelligence technology often face unique intellectual prop­erty issues.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Illegal Graffiti Capable Of Copyright Protection

    There is a common misconception by some in the artistic community that graffiti is not protected by copyright and so may be freely reproduced as a matter of public right in our modern "sharing economy."
    CanadaIntellectual Property
    Goodmans LLP
    Goodmans LLP
  • Article

    Intellectual Asset Management Best Practices – Part 1

    Does your organization have "intellectual assets"?
    CanadaIntellectual Property
    Field Law
    Field Law
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