Category: Intellectual Property

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Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

March 9, 2018

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United States withdrew from the TPP. Canada was joined in signing the CPTPP by Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. Upon entry into force, the…

2018 Legal Trends: Cannabis

March 8, 2018

As part of our quarterly series on current trends across different industries, we first take a look at what’s on the horizon for cannabis. As the Canadian Cannabis Act works its way through Parliament, the Canadian cannabis sector continues to experience an extremely dynamic, fast-changing environment. Here are a few legal trends to watch for as the industry becomes more…

Update: Ontario Court Upholds That Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract

March 7, 2018

Brand owners have leveraged celebrity endorsements for decades, and while they can be valuable, they can also be risky. In the event of a celebrity scandal, a brand owner may wish to terminate its relationship with the celebrity in question. One way that a brand owner may justify termination of an endorsement contract is by relying on a morals clause….

Protecting Cannabis Strains in Canada: A Growing Concern

October 26, 2017

Entrepreneurs and investors are quickly seeking to capitalize on what has been coined the “Green Rush” to the cannabis market. Those who finance, develop, produce and sell cannabis or cannabis derivatives should be cognizant of the intellectual property rights that are available in such products, as well as the risks of violating the rights of others. Plant breeders’ rights (PBRs),…

Doing Business in Canada

October 10, 2017

The Blakes Doing Business in Canada guide is an introductory summary of the laws and regulations that affect the conduct of business in Canada.

CETA’s Impact on the Canadian Market

September 21, 2017

The Canada-European Union Comprehensive Economic and Trade Agreement is now in force, on a provisional basis, creating new opportunities for Canadian businesses. We will be releasing a number of resources to help you navigate this new landscape, including: A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement Also, please see the following articles: CETA Now in Force: Are…

A Primer on the Canada-European Union Comprehensive Economic and Trade Agreement

September 21, 2017

CETA is the Comprehensive Economic and Trade Agreement between Canada and the European Union (EU) and its member states. CETA comprises 30 chapters of rules respecting trade between Canada and the EU. The agreement was signed by Canadian and EU leaders on October 30, 2016. CETA will enter into force, on a provisional basis, on September 21, 2017.

Supreme Court of Canada Promises New Utility Test for Patents

July 18, 2017

What does “useful”, one of the basic requirements for the patentability of an invention, mean in Canadian patent law? On June 30, 2017, in AstraZeneca Canada Inc. v. Apotex Inc. (AstraZeneca), the Supreme Court of Canada (SCC) ruled that the threshold for utility is low — a mere scintilla will do. In fact, requiring anything more is not only overly…

Hot-Button Topics in Intellectual Property Law – Emerging Technology Edition

June 6, 2017

Emerging Technology Edition With the growing amount of news on emerging technologies and the increase in funding for innovation, this year’s program will be themed around emerging technologies. Our Blakes lawyers and patent agents highlight the key elements of each topic and provide forecasts and constructive recommendations. Moderator and Introduction to the Innovation Landscape in Canada – Brett Slaney Topics: Gary Daniel – Get…

Car Ad Websites Slightly “Scraped” in Copyright Case, Court Puts Brakes on Statutory Damages Minimums

April 20, 2017

On April 6, 2017, the Ontario Superior Court of Justice (Court) provided insight into how courts will approach the scraping of websites and assessing statutory damages for copyright infringement in Trader v. CarGurus. The Court used its discretion to lower the presumptive minimum statutory damages per work to avoid a purely arithmetic calculation that would have been disproportionate to the…

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