Tag Archives: technology law

Combatting Counterfeiting

While implementation of the significant reforms to the Trade-marks Act in Canada that were passed in 2014 has been very slow, one area that has been implemented is the amendments to combat counterfeiting. The amendments are an attempt to change the international reputation of Canada as a laggard in battling counterfeiting.

The amendments brought into force on January 1, 2015 assist both trade-mark and copyright owners in their efforts to stop the distribution and importation into Canada of counterfeit goods.

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Recent Additions to the Technology and Intellectual Property Group

We are pleased to welcome two recent additions to our Technology and Intellectual Property Group: Scott Lamb and Stephanie Mui

Scott is a partner of the firm and is a member of the Technology, Intellectual Property and Infrastructure, Construction & Procurement Groups. Prior to joining us, Scott practiced with Richards Buell Sutton LLP in Vancouver as well as with a national law firm in Toronto. His legal expertise in intellectual property, construction and privacy law has led him to become a prolific author, editor, lecturer and media interviewee in these areas of law. Scott is a registered Trade-mark Agent. He is also accredited by the Canadian Intellectual Property Office (CIPO) and the Intellectual Property Institute of Canada (IPIC) as authorized to speak on their behalf as part of the Bank of Speakers initiative to heighten awareness of intellectual property in the business community.

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Be a Winner: Complying with Canadian Contest Laws

By Monica Sharma

Promotional contests can be a great way to obtain brand exposure and generate consumer loyalty for the products and services of a business. With the rise of social media, business owners now have an additional platform to run contests and reach even more consumers than ever before. Canadian contest law regulates contests, both online and offline, through a variety of statutes and regulations. Operators of contests should be aware of the legislative framework for running contests in Canada and ensure that their Canadian contests and contest rules are compliant with the legislation. Non-compliant contests could result in heavy penalties.

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Location Matters: The Perils of Geographic Names as Trade-marks

By Andrew Dixon

When choosing a trade or business name, it may seem like a good idea to incorporate the location of your business into the name. There are benefits: it is helpful for marketing, it gives your target audience an idea of where your business is and who your market is, it can help establish your business in a neighborhood, and it can help you build a brand based on community and locality.

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Patenting Inventions by Public Servants

By Michael Roman

Canada’s Federal Court of Appeal recently considered the patenting of inventions by public servants in the case Louis Brown et al. v. Her Majesty the Queen in Right of Canada et al. The Court considered two questions:

  • Who is a public servant?
  • Is a patent for an invention by a public servant invalid if the inventor’s status as a public servant is not disclosed in the Petition seeking a patent for the invention?
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Botnet Takedown: First Warrant Issued under Canada’s Anti-spam Law

By Monica Sharma and Kelsey Marshall, Articled Student

Canada’s anti-spam law (“CASL”) outlines violations, enforcement mechanisms, and penalties aimed at protecting online consumers against spam, electronic threats, and misuse of digital technology. CASL’s anti-spam rules came into effect on July 1, 2014. CASL’s software update and installation rules came into effect on January 15, 2015. The latter rules are often referred to as malware/spyware computer program rules. Under these rules, CASL applies when a person, in the course of a commercial activity, installs or causes to be installed a computer program on any other person’s computer system, unless the person has obtained the express consent of the owner or an authorized user of the computer system.

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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. 

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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. 

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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.
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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.
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