Category: Intellectual Property

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Demystified: USMCA’s Intellectual Property Provisions on Damages for Trademark Counterfeiting

December 10, 2018

The provisions of the United States–Mexico–Canada Agreement (USMCA) – known as the Canada-United-States-Mexico Agreement or CUSMA in Canada – have attracted considerable attention due to their perceived impact on the Canadian legal and business landscape. One noteworthy aspect of the USMCA is the digital trade provisions’ implication that Canadian web platforms may not be liable for the content posted by third…

The New Legal Landscape of North American Trade

December 4, 2018

On September 30, 2018, Canada and the United States announced that they, together with Mexico, agreed to a new trilateral trade agreement, which was signed on November 30, 2018. The agreement will be referred to differently in each country: Canada-United States-Mexico Agreement (CUSMA) in Canada, United States-Mexico-Canada Agreement (USMCA) in the U.S., and Tratado entre México, Estados Unidos y Canadá (TMEC)…

Demystified: USMCA’s Digital Trade Provisions on ISP Liability in Canada

November 15, 2018

The United States–Mexico–Canada Agreement’s (USMCA) digital trade provisions have attracted significant attention over their perceived impact on the Canadian legal and business landscape, especially around the implication that Canadian web platforms may not be liable for the content posted by third parties. However, the importation of these concepts from the United States may not have as significant an effect as…

Bill C-86: Shaking Up Canada’s IP Legislation

November 6, 2018

The Government of Canada has introduced Bill C-86, Budget Implementation Act, 2018, No. 2 (Bill C-86), which proposes a number of legislative changes to Canada’s intellectual property (IP) laws and the Copyright Board of Canada’s (Copyright Board) legislative framework. These changes aim to further Canada’s new IP strategy, which was announced in April 2018. For information on Canada’s new IP…

Canada Overhauls Its Industrial Design System

November 1, 2018

On November 5, 2018, extensive changes to Canada’s industrial design system will come into effect. These changes are being implemented through amendments to the Industrial Design Act (Act), the Industrial Design Regulations (Regulations) and the Industrial Design Office Practice Manual (Practice Manual). The changes will be effective for any design applications filed on or after November 5, 2018. ACCESSION TO…

Canada Looks to Foster Innovation, Business Growth with New IP Strategy

April 27, 2018

On April 26, 2018, the Government of Canada unveiled its long-awaited intellectual property (IP) strategy, through which the government intends to increase IP awareness and foster an ecosystem that supports business growth, innovation and competition.  The government recognized that IP is a valuable business asset and an IP strategy is critical in helping companies and national economies grow and succeed…

Infringement by Common Design: New Liability Under Canadian Patent Law?

March 27, 2018

Unlike in some other jurisdictions, Canada’s patent legislation (the Patent Act) does not explicitly specify all of the circumstances under which a patent may be held to be infringed. It has therefore fallen to Canadian courts to establish the principles governing the issue of infringement. Infringement by common design has not been, to date, recognized in Canada. However, two recent…

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…

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),…

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