Category: Intellectual Property

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Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

February 17, 2015

  A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.   In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged…

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

January 23, 2015

  On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime Act (Act), received royal assent. The Act, sometimes colloquially referred to as Canada’s cyberbullying law, was originally introduced in the House…

Canada Counters Counterfeiting: Border Enforcement Provisions of CCPA Come into Force

January 13, 2015

  After years of calls for reform from intellectual property rights owners, the Canadian government has enacted new legislation in an effort to fight counterfeiters acting on a commercial scale. Bill C-8, the Combating Counterfeit Products Act (CCPA) received royal assent on December 9, 2014. Some provisions of the CCPA came into force at that time, including new criminal and…

New PPH Pilot Agreement between CIPO and EPO

January 9, 2015

  A new Patent Prosecution Highway (PPH) pilot agreement between the Canadian Intellectual Property Office (CIPO) and the European Patent Office (the EPO) came into effect on January 6, 2015. The pilot will last for a period of three years, ending on January 5, 2018, and aims to accelerate patent examination for applicants who file in both CIPO and the…

Canadian Trade-mark Owners: Beware of Recent Frauds and Scams

November 4, 2014

  Owners of Canadian trade-marks are being targeted in a series of frauds and scams that, in various iterations, have been around for many years but which appear to have recently re-surfaced with a vengeance.   Canadian trade-mark owners are being sent correspondence from what appear to be governmental organizations. The correspondence typically shows the trade-mark and correctly identifies the…

The Recent Buzz in IP Litigation in Canada

September 30, 2014

Canada has seen a number of significant developments in Canadian IP litigation over the last few years. Join members of the Blakes Intellectual Property group for a webinar on an overview of the Canadian IP litigation marketplace, the types of cases being filed and other recent trends. Topics: Patent, Copyright and Trade-mark Trolling Expert Evidence Counterfeit Litigation Remedies Speakers: Anthony…

As Coming into Force Looms, CRTC Publishes Anti-Spam Corporate Compliance Guidance

June 20, 2014

With less than two weeks to go before the coming into force date for the main provisions of Canada’s Anti-Spam Legislation (CASL), the Canadian Radio-television and Telecommunications Commission (CRTC) published a number of infographics and a Compliance and Enforcement Information Bulletin CRTC 2014-326: Guidelines to help businesses develop corporate compliance programs (Compliance Bulletin).     BRIEF BACKGROUND   Designed as one of…

Hot-Button Topics in Intellectual Property Law

June 3, 2014

  Blakes is once again hosting our popular annual seminar on Hot-Button Topics in Intellectual Property Law. This fast-paced and informative session offers attendees an opportunity to learn about a wide variety of recent developments in intellectual property. Blakes lawyers and patent agents will highlight the key elements of each topic and provide forecasts and constructive recommendations. In all, there…

On Your (Trade-)Marks, Get Set, Go! Canadian Government Seeks Swift Passage of Changes to Trade-marks Act

April 16, 2014

  On March 28, 2014, the Government of Canada proposed the most substantial changes to Canada’s Trade-marks Act since the existing legislation came into force in the 1950s. The most significant of these proposed changes will be the elimination of the requirement that a mark be used in Canada or abroad before registration. Many of the other proposed changes will make Canadian…

Sign Language: Quebec Court Rules on English-only Trade-mark Use in Public Signs

April 15, 2014

  On April 9, 2014 the Superior Court of Québec issued a long-awaited decision sought by various retailers who challenged the interpretation of Quebec’s language legislation by the Office Québécois de la langue française (OQLF) in relation to the use of trade-marks in a language other than French on storefront signs. In Magasins Best Buy ltée c. Québec (Procureur général), the…

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