Intellectual Property
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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.
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April 17, 2024
Appellate court rejects appeal of patent for common ED drug found to be overbroad
The Federal Court of Appeal has dismissed an appeal concerning a patent for a common erectile dysfunction (ED) drug that the Federal Court had found was invalid.
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April 16, 2024
Legal aid funding, auto theft crack down and redistribution of judgeships feature in federal budget
Funding for legal aid to reduce court delays; redistributing “unused” Alberta unified family court posts to other superior courts; and creating new offences and harsher penalties for auto theft are among dozens of justice-related measures proposed in the latest federal budget, which the minority Liberal government says aims to enhance the affordability of shelter, groceries, internet and other necessities for Canadians.
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April 16, 2024
Budget 2024 tax initiatives to play a key role in Ottawa’s effort to boost housing, economy
In a sweeping 2024 budget that targets increased housing, lower living costs, small-business support and greater economic growth, Prime Minister Justin Trudeau’s Liberal government is also taking tax measures to help offset a projected $40 billion deficit for 2023-24 and a rising federal debt estimated to reach $1.37 trillion by 2029.
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April 15, 2024
When is a kiss distinctive? Federal Court rejects experts’ online surveys on KISS and KISSES marks
On April 9, 2024, the Federal Court issued a decision in Promotion in Motion Inc. v. Hershey Chocolate & Confectionery LLC, 2024 FC 556 (PIM v. Hershey), that is likely going to have a significant impact on the admissibility of online survey evidence in trademark cases for years to come, provided it is not overturned on any further appeal (appeal deadline not expired as of the time of writing).