ArticleMoral Right To Authorship Tied To CopyrightThe Federal Court of Appeal has upheld a finding that the Royal Canadian Legion did not infringe an author's moral rights by selling poppy patterned...CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleNew Patent Rules To Take Effect On October 3, 2022Changes to Canada's Patent Rules are scheduled to take effect on October 3, 2022.CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleNew Study Proposes Using Brain Scans To Assist In Assessing Confusion Between TrademarksA recently published study suggests that brain scans could be used as evidence in trademark infringement cases.CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticlePrivate Members Bill Proposing New Remuneration Rights For JournalistsOn 17 February 2021, Conservative Senator Claude Carignan introduced a private members bill, S-225, "An Act to amend the Copyright Act (remuneration for journalistic works)". CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleRegistrar-initiated Trademark Expungement Proceedings Are "Pruning The DeadwoodThe Canadian Intellectual Property Office's (CIPO) 2025 pilot project on Registrar-initiated trademark registration...CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleSubstantial Improvements In Examination Wait Times For Canadian Trademark ApplicationsFollowing Canada's accession to the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) experienced a higher than anticipated...CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleSupreme Court Of Canada Declines To Review Moral Rights To DesignsThe Supreme Court of Canada ("SCC") has dismissed an application to appeal the federal court of appeal decision in French v. Royal Canadian Legion (Dominion Command) ("French").CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleThe Office Québécois De La Langue Française (OQLF) Publishes New Guidelines On The New Rules For Trademarks Appearing On ProductsWe previously reported on the significant changes to the Charter of The French Language introduced through Bill 96, enacted in June 2022, and the clarifications for these changes introduced... CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleUpcoming Updates To The Trademarks Act And The Trademarks RegulationsThe federal government has announced that recent amendments to the Trademarks Act and the Trademarks Regulations (discussed previously here) will come into force on 1 April 2025.CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleUSPTO Starts Semiconductor Technology Pilot ProgramIn an effort to encourage development of semiconductor technologies, the USPTO has announced a new program under the Creating Helpful Incentives to ProduceCanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleSupreme Court Of Canada Releases Administrative Law Judgments Revising Standard Of ReviewThe Supreme Court of Canada has issued two judgments that address how the decisions of administrative bodies should be reviewed by the courtsCanadaLitigation, Mediation & ArbitrationOyen Wiggs Green & Mutala
ArticleTo Agree Or Not To Agree To Settlements In Federal CourtThe Federal Court recently issued a decision in the case of Aria Vent Inc. v. 2213785 Ontario Inc. and TRM Holdings Inc., 2025 FC 672...CanadaLitigation, Mediation & ArbitrationOyen Wiggs Green & Mutala
ArticleFederal Court Issues Reasons For "Expandable" Site-Blocking OrderIn Bell Media Inc. v. John Doe 1 (Soap2day), 2025 FC 133, the Federal Court provided its reasons for a site-blocking order it granted on December 16, 2024, which requires various Internet service providers (ISPs).CanadaMedia, Telecoms, IT, EntertainmentOyen Wiggs Green & Mutala
ArticleCanadian Media vs. OpenAI: Ontario Court Gives A Procedural GreenlightA group of major Canadian media organizations (the "Plaintiffs") has scored an early procedural victory against OpenAI in Ontario.CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleCIPO Offers Free IP PRIME Education Summit For Entrepreneurs On June 3, 2026The Canadian Intellectual Property Office is hosting a complimentary one-day summit designed to equip small and medium enterprises with strategic knowledge for protecting, researching, innovating, marketing...CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleInventorship And The Importance Of Invention DocumentationInventors, patent applicants, and patent assignees should carefully consider who the actual inventors of their patents are, or they may risk losing their patent rights altogether.CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleNew Practice Notice Regarding Form Of Evidence In ExaminationA trademark application in Canada may be objected to by a trademark examiner on a number of grounds, including if the trademark consists of a term that is considered to be primarily a name or surname...CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleRecent TMOB Decision Shows That Sometimes, Establishing Use In A Section 45 Proceeding Is StraightforwardThe Trademarks Opposition Board recently upheld a registration for the FRÜH & DESIGN trademark covering top fermented beers, demonstrating that clear evidence of use can successfully defend against section 45 proceedings. This decision illustrates how straightforward documentation of sales, distribution networks, and delivery records proved sufficient to maintain trademark protection in Canada. CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleTMOB Refuses Registration Of "VUALA" Trademark Over Likelihood Of Confusion With "VOILA"In the recent decision of Sobeys Capital Incorporated v. CCP Productos, S.A.P.I. de C.V., the Trademarks Opposition Board (TMOB) allowed an opposition filed by Sobeys, finding that the applied-for trademark VUALA is confusingly similar to Sobeys' VOILA marks.CanadaIntellectual PropertyOyen Wiggs Green & Mutala
ArticleUse Of Trademark By A Licensed Subsidiary Benefits The Owner Of The TrademarkThe crux of one's rights in a trademark lies in use of the mark. Upon issuance of a trademark registration, we advise owners that it is important to use the trademark on an ongoing basis...CanadaIntellectual PropertyOyen Wiggs Green & Mutala