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Insight

“Author, Author” – Listing of AI Tool as Artwork’s “Author” in Copyright Registration Challenged in Canada’s Federal Court

(July 15, 2024) Canada may soon receive guidance on whether an artificial intelligence (AI) tool can be listed as an “author” on copyright registrations. Late last week, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC), filed ...
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Insight

Alea jacta Est – Final Version of Regulation under Bill 96 Amending Québec’s Charter of the French Language Finally Published

(June 26, 2024) The Québec government published today in its final form the regulation (Regulation) that will amend the trademark use  provisions in the existing Regulation respecting the Language of Commerce and Business following the enactment of Bill 96 on ...
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Insight

CIPO Extends Industrial Design Protection to Buildings and Structures

(June 18, 2024) The Industrial Design Office has announced that it is changing its practice with respect to industrial designs applied to buildings or structures. - Under the previous policy, designs applied to buildings or structures to be constructed on-site ...
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Insight

Article ‘Challenges in protecting and using GenAI tools’ Published in Lexpert Business of Law

(June 17, 2024) Andrea Ngo and Bhupinder Randhawa authored the article 'Challenges in protecting and using GenAI tools' published in Lexpert Business of Law. "ARTIFICIAL INTELLIGENCE (AI) was the most searched topic on Wikipedia in 2023. Dictionary publisher ...
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Fair Dealing May Override Prohibitions on Technological Protection Measure Circumvention

(June 5, 2024) Justice Roy confirms the centrality of Fair Dealing to the overall scheme of the Copyright Act, specifically in relation to the prohibitions around circumventing Technological Protection Measures, in the first Federal Court decision to consider the ...
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Insight

Federal budget 2024: It’s time to buy some IP

(May 9, 2024) The Federal Government recently unveiled the 2024 federal budget, detailing $53 billion in new spending over 5 years. Of the $53 billion spending plan, $19.4 billion will be funded primarily through increases to capital gains taxes which will affect ...
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Insight

Updated Federal Court Notice on the Use of AI-Generated Content

(May 8, 2024) On December 20, 2023, the Federal Court issued a Notice to the Parties and the Profession regarding the use of artificial intelligence in court proceedings. In line with several other provincial jurisdictions, the Notice required parties to inform ...
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Insight

Pleading Is Not Proving: Federal Court Cautions That Default Judgment Is Not Automatic

(April 19, 2024) The Federal Court of Canada’s recent decision in McDowell v. A Drip of Honey, 2024 FC 453, per Justice Zinn, serves as a cautionary tale that while motions for default judgment may go unopposed, they will not be granted automatically. Plaintiffs ...
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Insight

“Poppy Puppy” Appeal Dismissed – Where Useful Articles Are Involved, the “Right to Attribution” May Not Be

(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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Insight

All Pre-CIF Trademark Filings Now Distributed by CIPO for First Examination

(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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Insight

Watch What You Write: Court Awards Damages for False and Misleading Statements by Amazon Seller

(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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Insight

CanExport SMEs Funding Program

(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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Insight

2023 Year in Review: Advertising, Marketing and Regulatory Law

(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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2023 Year in Review: Privacy

(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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Insight

Private Member Takes on Crown (Copyright)

(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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Insight

2023 Year in Review: Intellectual Property Litigation

(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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Insight

2023 Year in Review: Cleantech in Action

(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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2023 Year in Review: Key Canadian Trademark Developments

(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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Insight

Can AI Be Trained With Copyrighted Material?

(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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Insight

2023 Year in Review: Electrical & Computer Technology

(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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2023 Year in Review: Canadian Copyright

(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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Insight

2023 Year in Review: Life Sciences

(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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Insight

Draft Regulation under Bill 96 amending Québec’s Charter of the French Language finally published

(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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Insight

Last Call: Government of Canada extended consultation period for Copyright in the Age of Generative AI ends on January 15, 2024

(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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