Intellectual Property
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May 09, 2024
Hope springs eternal
It may not be a prudent course of action to institute an opposition that exposes the opponent’s problems to scrutiny (D.M.C. SRL v. Giusti 2024 FC 605).
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May 08, 2024
Navigating international trademark registrations and symbol usage
As companies extend their reach globally, safeguarding intellectual property assumes heightened importance. The World Intellectual Property Organization (WIPO) provides a streamlined avenue for trademark registrations through the Madrid Protocol (an international agreement), commonly recognized as the “international trademark registration system.”
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May 07, 2024
Sweeping national security bill would boost state investigative powers; expand & create crimes, AMPs
The federal government has introduced a sweeping national security bill that would create a publicly accessible “foreign influence transparency” registry; expand the warrant, production and disclosure powers of the Canadian Security Intelligence Agency (CSIS); affect criminal accused or judicial review applicants seeking access to relevant “information related to international relations, national defence or national security”; expand the current “sabotage” offence; and create new “foreign interference” offences, along with administrative monetary penalties (AMPs) of up to $5 million and five years in prison, including for knowingly obstructing the operations of the office of a proposed new “Foreign Influence Transparency Commissioner.”
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April 30, 2024
Ottawa unveils first 2024 budget bill, but doesn’t include boost to capital gains inclusion rate
The minority Liberal government says it hopes to expedite into law a newly proposed 660-page omnibus budget bill, which would enact many measures announced in this month’s federal budget, but not the government’s controversial proposal to tax capital gains at a higher rate.
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April 26, 2024
Profanity in the trademark arena
If governments want to restrict the use of commercial profanity, they should be using something other than trademark legislation.
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April 26, 2024
Highlights of the Legislative Review of the Cannabis Act: Final Report
Released in March 2024, the Legislative Review of the Cannabis Act: Final Report of the Expert Panel is the culmination of work by the independent expert panel appointed by the federal government to conduct a legislative review of the Cannabis Act. The report is a key indicator of the future of the Canadian cannabis regime and how the Act may be amended. In total, the panel made 54 recommendations to federal policymakers and 11 observations for provincial and territorial policymakers and health-care bodies.
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April 24, 2024
Court: Utilization of patented design in promotional materials not ‘use’ under Patent Act
The Federal Court of Appeal has upheld a finding that the utilization of a design, which if built would comprise the essential elements of a patent, does not constitute “use” to support a claim of infringement under the Patent Act.
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April 23, 2024
AI, protecting yourself from bad actors | Connie L. Braun and Juliana Saxberg
While it is true that many people believe that laws and regulations are enacted only to limit us, laws and regulations are actually in place to guide us about how to conduct ourselves properly in life and business. Common standards and shared values, consideration of others and responsible behaviour all contribute to a society that functions well. Some people will use tools, intended for good, in harmful ways — ways that disregard laws and regulations. The same applies to the use of AI, with individuals finding ways to impersonate, cheat, manipulate and deceive — anything you can think of to exploit others.
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April 23, 2024
Not a good day for the use of survey evidence in trademark cases
Promotion in Motion, Inc. (PIM), sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the goods “Chocolate of Swiss origin” (Promotion In Motion Inc. v. Hershey Chocolate & Confectionery, LLC 2024 FC 556).
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April 22, 2024
SCC’s spring session features weighty constitutional & admin law appeals but case volume is light
Constitutional and administrative law cases dominate at the Supreme Court of Canada this spring, with the handful of appeals to be heard involving class actions, standard of review, the honour of the Crown and the right to vote.