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(April 5, 2024) The Canadian Copyright Act, R.S.C. 1985, c. C-42 provides authors with two types of moral rights: integrity and attribution (the right to be associated with the work or to remain anonymous). However, where the claimed infringement relates to a ...
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(February 28, 2024) Strike up the band—nearly five years after the coming into force (CIF) of major amendments to the Canadian Trademarks Act, the Canadian Intellectual Property Office (CIPO) has announced it has distributed all trademark applications filed prior to ...
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(February 23, 2024) Amazon is one of Canada’s most popular and profitable online marketplaces, but it is not the wild west. Sellers must take care not to make false or misleading statements about competitors and should ensure that any complaints made to Amazon ...
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(February 22, 2024) Global Affairs Canada's Trade Commissioner Service, in collaboration with the National Research Council of Canada Industrial Research Assistance Program (NRC IRAP), is set to begin accepting applications in February 2024 for their CanExport SMEs ...
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(February 21, 2024) In review, 2023 emerged as a notable year in comparative advertising law, and a year prompting unease among businesses operating in Quebec as they grappled with understanding and complying with Quebec’s new language laws under Bill 96. Several ...
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(February 16, 2024) 2023 was an active year when it came to advances in Canadian privacy law. Here are some notable developments regarding legislative amendments and case law to keep you abreast within this ever-evolving field.
Legislative Updates
Law 25
The ...
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(February 15, 2024) Crown Copyright is controversial in Canada. Set out under section 12 of the Copyright Act, Supreme Court Justices have cautioned that, read literally, it “would effectively empower the Crown to expropriate copyright from independent creators in ...
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(February 14, 2024) 2023 saw several important developments in Canadian intellectual property litigation. Below, we discuss several of these topics, including the court placing limits on summary trials, counsel’s involvement in drafting expert reports, the ...
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(February 7, 2024) 2023 saw continued focus on developing and adopting clean technologies to displace fossil fuel use and support climate change targets, with some calling this year a critical inflection point for the energy transition[i]. In this article, we ...
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(February 2, 2024) Throughout 2023 (and into the beginning of 2024), the Canadian Trademarks Office, the Trademarks Opposition Board, the Québec legislature and Canadian Courts continued to provide change and guidance to Canadian trademark practitioners in several ...
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(February 1, 2024) A U.S. jury will soon be asked to decide whether using unauthorized copyright-protected works for the purpose of training a machine learning model can constitute fair use (the U.S. equivalent of the fair dealing defence in Canada).
The District ...
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(January 25, 2024) 2023 saw a number of developments in Intellectual Property (IP) law that will be of interest to developers of electrical and computer technologies. This article provides a review of key events and updates including: expanded IP funding programs for ...
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(January 23, 2024) In 2023, not only did the Canadian Courts order jail time for contempt of a copyright-related interim order, but our Justices had an opportunity to grapple with the defence of “misuse of copyright”, the availability of reverse class action ...
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(January 19, 2024) Once again, 2023 saw much action in Canadian life sciences patent news. Here we provide a summary of some of the key updates and decisions that you should know.
Federal Court (FC) and Federal Court of Appeal (FCA) Decisions
Test for Inducing ...
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(January 10, 2024) The Québec government has finally published the draft regulation that will amend the existing Regulation respecting the Language of Commerce and Business following the enactment of Bill 96 on June 1, 2022. The revision of the regulation became ...
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(January 4, 2024) Given the extraordinary pace of development and adoption of generative artificial intelligence (“Generative AI”) tools, the Canadian Government, through Innovation, Science and Economic Development Canada, is once again consulting on Canada’s ...
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(December 19, 2023) There is no question—2023 was the year Generative Artificial Intelligence (GenerativeAI) exploded in the popular consciousness. As AI tools for generating visual, audio, and written content become more widely available and user-friendly, it is not ...
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(December 8, 2023) Industrial design applicants and owners should be aware that the fees at the Canadian Intellectual Property Office (CIPO) for filing industrial design applications, obtaining registrations, renewals, and other items are set to increase on January 1, ...
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(December 1, 2023) In good news for developers of AI technologies, the United Kingdom Intellectual Property Office (UKIPO) has changed its practice to make it easier to patent AI-related inventions.
On November 29th, the UKIPO released a guidance document entitled ...
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(November 23, 2023) As of January 1, 2024, the Canadian Intellectual Property Office (CIPO) expects to introduce amendments to certain of its trademark service standards that would see a dramatic drop in the amount of time between the filing of a domestic trademark ...
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(November 13, 2023) As discussed here and here, the psychedelic renaissance has spurred a renewed interest in the potential therapeutic benefits of substances such as psilocybin, LSD and tryptamines. As the evidence of clinical efficacy builds, countries are now ...
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(October 31, 2023) Data transparency is becoming a priority for life sciences research. It is a good time for Canadian researchers to refresh themselves on best practices when it comes to data sharing. As a condition of funding, CIHR reminds applicants that “CIHR is ...
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(October 27, 2023) This article provides an update on PMPRB’s measures to expedite patented medicine price review to clear its review backlog.
Interim Guidelines Now in Effect
The PMPRB recently decided to adopt its Amended Interim Guidance, effective ...
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(October 27, 2023) Intellectual Property Ontario (IPON) was established to help clients develop their IP strategy by working with them throughout their IP journey. IPON connects businesses to expert IP education, financial supports, and mentorship opportunities, ...