We are pleased to welcome two recent additions to our Technology and Intellectual Property Group: Monica Sharma and Kwan Loh.
Blog Archives
September 4, 2015
Bill C-59 Receives Royal Assent – Certain amendments to the Trade-marks Act, Copyright Act, the Patent Act and the Industrial Designs Act
The above Bill is an omnibus budget bill which also contains the following amendments affecting intellectual property in Canada:
- Force majeure – Under this provision, extension of time limits in unforeseen circumstances will be allowed. This provision allows the Canadian Intellectual Property Office to extend deadlines in the event of floods, ice storms and other natural disasters so that holders of intellectual property rights can avoid the inadvertent loss of rights in such events.
August 19, 2015
CSA Wants More Information on Exempt Distribution Reports
By Bernard Pinsky, Q.C.
On August 13, 2015, the Canadian Securities Administrators (“CSA”) proposed a new form 45-106F1 (the “Proposed 45-106F1”), which would replace both the current form 45-106F1 required in all provinces and the form 45-106F6 currently required in British Columbia, both of which report on exempt distributions of securities.
August 19, 2015
Case Review: McCormick v. Fasken Martineau DuMoulin LLP
By Heather Hettiarachchi
In the much anticipated decision of McCormick v. Fasken Martineau DuMoulin LLP issued today, the Supreme Court of Canada ruled that Mr. McCormick, previously an equity partner of Fasken Martineau DuMoulin LLP (“Fasken”), could not avail himself of the protection afforded to employees pursuant to s. 13 of the British Columbia Human Rights Code (the “Code“), as his relationship with the firm was not that of an employee.
August 11, 2015
Builders Lien Act Reform in Progress
By Satinder Sidhu
The British Columbia Law Institute (the “BCLI”) is undertaking a major law reform project on the Builders Lien Act (the “Act”) and has begun a comprehensive review and overhaul of the Act with assistance from an expert volunteer Project Committee. This project began in April 2014 and, according to the BCLI, the project will take a minimum of two years to complete.
August 7, 2015
Bill C-59 Receives Royal Assent – Certain amendments to the Trade-marks Act, Copyright Act, the Patent Act and the Industrial Designs Act
The above Bill is an omnibus budget bill which also contains the following amendments affecting intellectual property in Canada:
- Force majeure – Under this provision, extension of time limits in unforeseen circumstances will be allowed. This provision allows the Canadian Intellectual Property Office to extend deadlines in the event of floods, ice storms and other natural disasters so that holders of intellectual property rights can avoid the inadvertent loss of rights in such events.
August 7, 2015
Alert: Significant Changes to Canadian Design Law Expected in 2016
Superior visual aesthetics are an important competitive advantage in many market sectors, including fashion, housewares and consumer electronics.
Intellectual property protection has long been available for visual aesthetics, under names such as design patent and design registration; however, it has been cumbersome and expensive to pursue and maintain in multiple jurisdictions. Conventionally, countries have had their own substantive and procedural design regimes, with little harmonization between them. For example, design representations (photographs, line drawings, CAD renderings) required for registration in one jurisdiction might be completely unacceptable in another, thus requiring duplication of effort and expense.
August 7, 2015
Recent Additions to the Technology and Intellectual Property Group
We are pleased to welcome two recent additions to our Technology and Intellectual Property Group: Monica Sharma and Kwan Loh.
Monica is Associate Counsel with the firm’s Technology and Intellectual Property Group. Monica advises technology businesses at all stages of development, from startup to exit, including strategic advice on formation, financing, commercialization and mergers and acquisitions. She also practices in the areas of procurement, outsourcing, commercialization of technology, business law and e-commerce transactions. Monica is a Registered Canadian Trade-mark Agent and regularly advises clients on protection, enforcement and commercialization of various forms of intellectual property.
July 22, 2015
Judicial Review: Umpire’s Decision Upheld
By Larry Munn and Glen Boswall, with assistance by Michael Larsen, Articled Student
In the recent judgment of Vandale v. Wawanesa Mutual Insurance, the British Columbia Supreme Court was asked to judicially review the decision of an umpire, who was appointed to settle a property valuation dispute under s. 12 of the BC Insurance Act. At issue was the appropriate valuation of several pieces of insured jewelry that had been stolen from the insured’s home.
July 14, 2015
TSX Publishes Guidance on Emerging Market Issuers and Transactions
On July 13, 2015, the TSX published guidance on what is an Emerging Market Issuer (“EMI”) and what an EMI faces in terms of special risks, what would be required for an initial listing of an EMI, and what ongoing listing requirements will exist for EMIs beyond what is required for other issuers.
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