July 27, 2022
Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright in the amount of $20,000. Can you sue the alleged infringer for actual damages for the copyright infringement without going to federal court? The answer to this question is YES!
The U.S. Congress has established the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act) to provide an alternative forum to federal court before the Copyright Office called the Copyright Claims Board (CCB) for resolving certain copyright disputes that involve up to $30,000 (called “small claims”). The use of the CCB is voluntary and both parties must agree to participate. The CCB provides advantages over federal court because certain copyright disputes may be resolved before a panel of copyright experts as opposed to a jury or a federal judge. The CCB proceeding is a streamlined proceeding and a less-expensive alternative compared to federal court.
December 2, 2020
Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective industries and sectors, to connect individuals across the country and to encourage collaboration, creativity and innovation amongst current and future innovators.
Canadian Innovation Week is being held virtually this year. Many of the week’s conversations concern efforts related to the fight against the COVID-19 pandemic. Below, we briefly outline some of the major developments in the past eight months with respect to intellectual property innovation during the pandemic.
October 6, 2020
Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers. Operating a business online presents tremendous opportunities for growth by opening up new geographical markets, however it also creates new challenges for businesses in ensuring that their key intellectual property assets, which are made available online, are adequately protected.
So how can businesses manage their intellectual property, and ensure they are not infringing on the intellectual property rights of others, when trading online?
May 29, 2020
Deadline suspensions by intellectual property offices around the world are rapidly coming to a close. Many of these extensions, including in the United States, Brazil, Canada, and other countries, were granted after the COVID-19 pandemic closed governmental offices and served as the basis for unprecedented relief from otherwise firm statutory deadlines for patent and trademark filings. Read more>>
May 6, 2020
Intellectual property rights are – by definition – monopolistic. How, then, can researchers, charities and NGOs collaborate with business in the development of new technologies to control and eradicate COVID-19?
April 22, 2020
Nowadays the sphere of healthcare is becoming one of the mostly discussed because of a mass spread of the coronavirus pandemic (also COVID-19). Confirmed cases of COVID-19 around the world have passed more than a 2.4 million. As the disease is continuing to surge the World Health Organization is warning that there are no specific vaccines or treatments for COVID-19 as for today. However, there are many ongoing clinical trials evaluating potential treatments and developing drugs conducted by different laboratories in developed countries.
April 21, 2020
By Richard Uditsky, Sara Laraichi and Sydney Warshaw, from our Business Law Practice Group
April 21, 2020 — As with many government offices and legal institutions across the country, COVID-19, and the resulting workplace shifts, have had an impact on the processing times and delays for procedures passing through the Canadian Intellectual Property Office [CIPO]. Below we will provide a clear overview of the changes to take note of, as well as some interesting COVID-19 related news, that is worth keeping track of.
April 8, 2020
A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son tossed a statement in my direction that was both compliment and challenge: “Isaac Newton developed calculus, among other discoveries and achievements, and Shakespeare may have written King Lear, during quarantine and social distance periods. You’re not them, but you’re pretty smart so I am expecting something.” Offering him this blog post, or some of the other things I have written or said in the last few weeks, is probably not what he had in mind. But it did get me thinking about what intellectual property lawyers and others can do, and have been doing, as we practice law in the time of COVID.
April 1, 2020
Canada’s COVID-19 Emergency Response Act came into force on March 25, 2020. Perhaps overlooked amongst emergency relief, health care and financial effects is Part 12 of the Act which makes changes to the Patent Act.
Why should the general public care about this? I’m glad you asked.