ArticleAmendments To The Trade-Mark Act : Loophole In The Official Mark FortressThe regime of Section 9 offers to official marks a broad scope of protection. CanadaIntellectual PropertyFasken
ArticleCHANGES ARE COMING! Five Factors To Consider When Reviewing Your Canadian Trademark Strategy In 2019One of the key pillars of the strategy was updating and amending the legislation covering IP rights in Canada. CanadaIntellectual PropertyFasken
ArticleDomain Name Is Property In OntarioThe Court of Appeal for Ontario has ruled that a domain name is personal property and a business asset located in Ontario.CanadaIntellectual PropertyFasken
ArticleMaking Third Party Observations At The International Phase Of A PCT ApplicationSince July 2, 2012, third parties can submit prior art observations during the International Phase of an application under the Patent Cooperation Treaty (PCT). CanadaIntellectual PropertyFasken
ArticleThird Party Submission Of Prior Art In United StatesOn 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 PropertyFasken
ArticleVoltage Holdings, LLC V Doe #1 And Evidentiary Requirements In Copyright InfringementThe 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 PropertyFasken
ArticleWhat 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 PropertyFasken
ArticleWho 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 PropertyFasken
ArticleEurope's First Test Under CETA: Nationalist Quivers In ItalyThe 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 LawFasken
ArticleCommon Sense Meets Class Actions: If No Loss, Then Nothing To CertifyCertification 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 & ArbitrationFasken
ArticleOntario Divisional Court Issues New Decision On Role Of Independent Legal Counsel In A Professional Discipline MatterThe 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 & ArbitrationFasken
ArticleThe Superior Court Reaffirms The Autonomy Of Quebec's Universities And Dismisses An Application For Authorization To Institute A COVID-19-related Class ActionIn 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 & ArbitrationFasken
ArticleHow 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, EntertainmentFasken
ArticlePublic Consultations On Co-Development Of The Indigenous Broadcasting PolicyOn 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, EntertainmentFasken
Article2024 Federal Budget - Key Measures Of Interest For The Commercial Real Estate IndustryOn 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 ConstructionFasken
ArticleACPB And AMP: Effective Date Of Amendments To The ActOn 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 ConstructionFasken
ArticleCommercial Leasing & Landlord Remedies: Effects Of Limitation PeriodsThe 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 ConstructionFasken
ArticleDeal Or No Deal: Court Reaffirms Basic Contract Principles In Construction CaseA 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 ConstructionFasken
ArticleNew Bill To Modernize The Construction Lien ActThe Construction Lien Act governs construction projects in Ontario. CanadaReal Estate and ConstructionFasken
ArticleThe City Of Ottawa's New Comprehensive Zoning By-Law: Why You Should CareThe 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 ConstructionFasken