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  • Article

    Amendments To The Trade-Mark Act : Loophole In The Official Mark Fortress

    The regime of Section 9 offers to official marks a broad scope of protection.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    CHANGES ARE COMING! Five Factors To Consider When Reviewing Your Canadian Trademark Strategy In 2019

    One of the key pillars of the strategy was updating and amending the legislation covering IP rights in Canada.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Domain Name Is Property In Ontario

    The Court of Appeal for Ontario has ruled that a domain name is personal property and a business asset located in Ontario.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Making Third Party Observations At The International Phase Of A PCT Application

    Since July 2, 2012, third parties can submit prior art observations during the International Phase of an application under the Patent Cooperation Treaty (PCT).
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Third Party Submission Of Prior Art In United States

    On September 16, 2012, the Leahy-Smith America Invents Act (AIA)'s new "Preissuance submission by third parties" provision came into force in the United States.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Voltage Holdings, LLC V Doe #1 And Evidentiary Requirements In Copyright Infringement

    The Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct...
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    What Grounds Are Available In Canada To Oppose Trademark Applications?

    Trademark oppositions are important in Canada. Indeed, the issuance of a registration provides a right to use the mark in Canada and, in most cases, acts as a shield against claims...
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Who Really Benefits From Canada's Impending Copyright Term Extension?

    It is now official. As of December 30, 2022 the term of protection for copyrighted works will be extended by 20 years to match earlier extensions that occurred in the United States and Europe.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Europe's First Test Under CETA: Nationalist Quivers In Italy

    The European agriculture sector, renowned for its political influence, has not taken long to consider protective measures to buttress itself from the competitive pressures flowing from CETA.
    CanadaInternational Law
    Fasken
    Fasken
  • Article

    Common Sense Meets Class Actions: If No Loss, Then Nothing To Certify

    Certification of a proposed class action will be denied when a plaintiff fails to present evidence that he or she has incurred any compensable loss.
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Ontario Divisional Court Issues New Decision On Role Of Independent Legal Counsel In A Professional Discipline Matter

    The Ontario Divisional Court recently released a decision, Rudinskas v. The College of Physicians and Surgeons of Ontario, that clarifies the role of independent legal counsel who advise the Discipline Committee in a professional discipline matter.
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    The Superior Court Reaffirms The Autonomy Of Quebec's Universities And Dismisses An Application For Authorization To Institute A COVID-19-related Class Action

    In this case, the application for authorization to institute a class action contained no allegations of that sort, nor any facts in support of such allegations, which must be held to be proved.
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    How To Avoid "www.[YourBrand].xxx"

    The adult entertainment industry occupies a large place on the Internet, and some of these sites can be difficult to identify.
    CanadaMedia, Telecoms, IT, Entertainment
    Fasken
    Fasken
  • Article

    Public Consultations On Co-Development Of The Indigenous Broadcasting Policy

    On March 22, 2024, the Canadian Radio-television and Telecommunications Commission ("CRTC") initiated public consultations on the co-development of an Indigenous Broadcasting Policy.
    CanadaMedia, Telecoms, IT, Entertainment
    Fasken
    Fasken
  • Article

    2024 Federal Budget - Key Measures Of Interest For The Commercial Real Estate Industry

    On April 16, 2024, the Minister of Finance (Canada) presented the Government of Canada's 2024 Federal Budget ("Budget 2024"). Significant Budget 2024 proposals...
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    ACPB And AMP: Effective Date Of Amendments To The Act

    On June 2, 2023, the latest amendments to the Act respecting contracting by public bodies (Act) will come into force, specifically those listed below...
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    Commercial Leasing & Landlord Remedies: Effects Of Limitation Periods

    The previous segment in this series summarized a landlord's options to respond to a tenant's breach of a commercial lease. In addition to considering what option to exercise...
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    Deal Or No Deal: Court Reaffirms Basic Contract Principles In Construction Case

    A recent decision from the BC Supreme Court reaffirms some basic principles of contract law in the construction setting and provides some useful lessons for contractors and owners.
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    New Bill To Modernize The Construction Lien Act

    The Construction Lien Act governs construction projects in Ontario.
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    The City Of Ottawa's New Comprehensive Zoning By-Law: Why You Should Care

    The City has announced that it is overhauling its Comprehensive Zoning By-law, which could have a dramatic impact on the rules that govern the development of your property...
    CanadaReal Estate and Construction
    Fasken
    Fasken

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