Intellectual Property

  • January 18, 2024

    Associate joins Smart & Biggar

    Intellectual property firm Smart & Biggar LLP welcomes Nikola Rajic to the patents: electronics, information and communications technology group in the Vancouver office.

  • January 18, 2024

    Help wanted: Effective leadership at the Human Rights Tribunal of Ontario | Brian Cook

    The position of associate chair of the Human Rights Tribunal of Ontario (HRTO) is vacant for the fifth time in as many years. Reporting to the executive chair of Tribunals Ontario, a cluster of 14 adjudicative tribunals, the associate chair is effectively the chair of the tribunal, with responsibility for the recruitment and training of new members, management of the case load, development of procedural rules, as well as adjudicative and policy leadership.

  • January 16, 2024

    Norton Rose Fulbright Canada promotes 14 to partner, two to of counsel

    Norton Rose Fulbright Canada LLP announced that it has promoted 14 of its lawyers to partner for 2024. The following are the names, practices and locations of the new partners:

  • January 16, 2024

    Notable copyright developments in 2023, part four

    Authorizing Infringement: In Voltage Holdings, LLC v. Doe #1 2023 FCA 194, Voltage Holdings, LLC, a movie production company, and the owner of the copyright in the film Revolt, detected that Internet users at certain IP addresses were making the film available using BitTorrent software, a protocol for distributing files on a peer-to-peer network. BitTorrent is well suited for transferring large files such as movies, music or computer software due to its capacity to upload and download files from a group of hosts instead of from a single source server.

  • January 15, 2024

    Court upholds disclosure order for off-patent drug finding newer patent applicable to the drug

    The Federal Court has upheld a decision requiring a pharmaceutical company to disclose certain sales and financial information for an off-patent medication, finding another patent to be applicable to the medicine.

  • January 15, 2024

    Notable copyright developments in 2023, part three

    Subsection 64(2): In French v The Royal Canadian Legion 2023 FC 749 the plaintiff asserted a copyright relating to a stuffed animal modelled after a Dalmatian dog with black-centered red poppies in place of the Dalmatian’s usual simple black spots. The copyright right subsisted in the entire toy. The judge found there was a functional and practical use for the toy as it was a plush toy made to be played with by children. As such, because the toy was a useful article, of which more than 50 had been produced, subsection 64(2) applied.

  • January 11, 2024

    Notable copyright developments in 2023, part two

    The Online Streaming Act, S.C.2023, c. 8 previously Bill C-11, (“OSA”) received royal assent on April 27, 2023, after nearly 3 years of regulatory hurdles and public contention.

  • January 11, 2024

    Top 10 business decisions of 2023, part one

    What follows is Law360 Canada’s annual list of the Top 10 business decisions in Canada to the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order.

  • January 10, 2024

    Supreme Court of Canada judge fell and injured his ribs, but top court says he remains on the job

    Supreme Court of Canada Justice Nicholas Kasirer has had a fall that injured his ribs and kept him from participating in a Toronto legal conference where he was scheduled to speak, but the top court told Law360 Canada the Quebec jurist is continuing to “fulfil his duties at the court and there has been no impact on his work.”

  • January 10, 2024

    Feds to promote Canadian intellectual property protection abroad

    The Canadian Intellectual Property Office (CIPO) and the Trade Commissioner Service (TCS) have signed a memorandum on Jan. 9 relating to their collaboration to promote awareness and use of intellectual property (IP) abroad, among small and medium-sized enterprises (SMEs), innovators and academia.

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