Category: Intellectual Property

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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…

Shining a Light on the Darknet: What Every Business Should Know

March 27, 2017

The portion of the Internet that most people generally use is only one of three layers. The commonly used layer that is accessible by search engines is referred to as the clearnet or the surface web and represents only about four per cent of Internet content. In addition to the surface web, the Internet comprises the deep web and the…

Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract, Ontario Court Rules

November 28, 2016

Brand owners have engaged celebrity endorsers to sell products for decades, but not all of them make it through a celebrity endorsement unscathed. O.J. Simpson, Chris Brown, Tiger Woods and Ryan Lochte are among the celebrity endorsers to be dropped by sponsors following personal or professional scandals. In most cases, the sponsor relies on a so-called morals clause to justify…

Patenting in Canada: Do These Genes Fit?

October 27, 2016

The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic sequences associated with diseases and creating tests to screen for them are unquestionably valuable scientific innovations. Due to the challenge and expense of pinpointing…

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