Moffat & Co.
Macera & Jarzyna LLP

John Kevin Carton

Sandra M. Ward

Barry E. Hutsel

Howard P. Knopf

Ashley Chu

Jerome P. Bastien

Janice G. Kelland

Jaimie M. Bordman

Eduardo Fonseca

Adam Tracey

Scott Tremblay

Joseph L. Ulvr

Andy K. Jarzyna

Adele J. Finlayson

Amy Thomas

Gary Arkin

James R. Palmer

February 13, 2019 | Recent Developments

We are pleased to confirm that on February 8, 2019, Bill Morneau, Minister of Finance, announced the appointment of Susan Beaubien as a Permanent Member of the Canadian International Trade Tribunal (CITT), for a 5 year term commencing March 4, 2019. The CITT is recognized in Canada and around the world as a centre of […]

January 19, 2019 | Recent Developments

Update on Blacklock’s Mega Motion of December 12, 2018. The hearing of Blacklock’s 3000 page mega motion in its copyright infringement action against the Attorney General took place on December 12, 2018.  Howard Knopf attended . Click here for Howard’s overall impression.

December 19, 2018 | Recent Developments

Plant Breeders’ Rights for Cannabis in Canada.   On October 17, 2018, recreational marijuana became legal across Canada, joining the already legal medicinal marijuana.  As a result, many individuals and companies are keen to create new varieties of Cannabis for sale and are interested in protecting these new varieties.   However, there are still no […]

December 17, 2018 | Recent Developments

Moffat & Co. are happy to participate in the Elgin Street Courthouse Angel Program again in 2018! The gifts are for needy children in our community.

December 11, 2018 | Recent Developments

Moffat & Co. was honoured to co-host a dinner reception with the Consul General of Canada, Mrs. Evelyne Coulombe, at her Official Residence in Rio de Janeiro, Brazil, on November 30, 2018.   The reception took place a few days after the Inter American Intellectual Property Association (ASIPI) annual meeting, also held in Rio, which […]

December 3, 2018 | Recent Developments

On November 28, 2019, Howard Knopf appeared before the House of Commons Standing Committee on Industry, Science and Technology (INDU).  Here are his speaking notes.

December 3, 2018 | Recent Developments

On November 27, 2018, Howard Knopf appeared before the House of Commons Standing Committee on Canadian Heritage (CHPC).  Here are his speaking notes.

December 3, 2018 | Recent Developments

On November 21, 2018, Howard Knopf appeared before the Senate Standing Committee on Banking, Trade and Commerce (BANC).  Here are his speaking notes.

November 12, 2018 | Recent Developments

Follow Up on Bill C-86 – The Omnibus Bill that Amends Canadian IP Law. Bill C-86 has already been given second reading and is at the Finance Committee of the House of Commons. Yesterday, November 7, 2018, in the Finance Committee, there were about 10 minutes in total testimony by Grant Lynds, past President of […]

November 12, 2018 | Recent Developments

Massive Canadian IP Law Reform in a Budget Bill – Throwing Parliamentary Scrutiny Under the Omnibus Bus with Bill C-86.   Bill C-86, which was given first reading on October 29, 2018, is 884 pages long. It is an omnibus budget implementation bill that touches innumerable unrelated issues and amends dozens of acts … Continue reading […]

September 17, 2018 | Recent Developments

On September 14, 2018 the Supreme Court of Canada held that An ISP can recover its costs of compliance with a Norwich order, but it is not entitled to be compensated for every cost that it incurs in complying with such an order. Recoverable costs must be reasonable and must arise from compliance with the […]

September 17, 2018 | Recent Developments

Two New Copyright Board Appointments: Nathalie Théberge and Adriane Porcin. Read BLOG POST from Howard Knopf on these appointments.

September 17, 2018 | Recent Developments

More from Howard Knopf On Mass Copyright Litigation in Canada – Part II. Read BLOG POST from Howard Knopf.

September 17, 2018 | Recent Developments

American NAFTA Inconsistency Re Copyright Term Extension – And Why This Issue Matters Bigly & Involves Billions. Read BLOG POST from Howard Knopf on this issue.

September 17, 2018 | Recent Developments

More from Howard Knopf On Mass Copyright Litigation in Canada – Part I. Read BLOG POST from Howard Knopf.

September 17, 2018 | Recent Developments

Will the Canadian Voltage Reverse Class Action Now Fizzle? Read BLOG POST from Howard Knopf.

August 29, 2018 | Recent Developments

James Palmer has prepared a discussion paper on how upcoming changes to the Trademarks Act may impact dealings with the Canadian Intellectual Property Office (CIPO), titled A Modernized Trademark Regime for Canada. The following is brief excerpt from the introduction: In 1954 Canada brought into force the current Trademarks Act that broke with many of Canada’s longstanding traditions […]

August 6, 2018 | Recent Developments

EXCESS COPYRIGHT: Some Notes from Howard Knopf About Recent Developments at the Copyright Board of Canada – click Learn More  

July 22, 2018 | Recent Developments

 Macera & Jarzyna LLP Celebrates 40 Years in Business.   It was July 1978 when Andy Jarzyna and John Macera got together and opened shop in Canada’s capital city, Ottawa. Since then, Macera & Jarzyna LLP has become known internationally and at home for its excellence and specialization in Intellectual Property. Andy Jarzyna (1978)    […]

July 6, 2018 | Recent Developments

Mediatube Corp. v. Bell Canada – Federal Court of Appeal – A company called Media Tube sued Bell Canada for patent infringement with respect to technology pertaining to Bell Fibe TV. Bereskin & Parr acted for Media Tube. Media Tube lost at trial (decision dated January 4, 2017) and appealed. On its appeal, Media Tube (now represented […]

July 6, 2018 | Recent Developments

From May 28 to June 1, 2018, Howard Knopf attended the 36th World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights held in Geneva, Switzerland on behalf of the Civil Society Coalition.  Howard made the following submissions – one – two.

July 6, 2018 | Recent Developments

On June 19, 2018, Howard Knopf and Joe Ulvr attended Canada in International Law: At the Inflection Point, sponsored by The Centre for International Governance Innovation.  The conference explored the challenges Canada faces in contributing to shaping global rule of law.  The conference coincided with the launch of CIGI’s latest publication Reflections on Canada’s Past, […]

July 2, 2018 | Recent Developments

On June 28, 2018, Susan Beaubien was elected to the Board of Directors of the Canadian chapter of the International Commission of Jurists (ICJ). ICJ is an international NGO headquartered in Geneva whose mission is promotion of the rule of law, human rights and the independence of the legal profession. The Canadian chapter of the […]

May 14, 2018 | Recent Developments

On May 5, 2018, Howard Knopf gave a talk titled “Copyright: Upcoming Changes and What You Need to Know”, at the Artists’ Legal Services Ottawa (ALSO) Arts Law Conference held at Arts Court.  Howard focused on the Government’s review of the Copyright Act and the Copyright Board – What’s at Stake.  Howard’s blog post is […]

March 20, 2018 | Recent Developments

Howard Knopf’s recent paper titled “Canada’s Role in the Relationship of Trade and Intellectual Property” has been published as Paper #17 in the series “Canada in International Law at 150 and Beyond” by the Centre for International Governance Innovation (“CIGIO”).  You can view the paper by clicking Learn More.

March 15, 2018 | Recent Developments

Diagnostic methods cause controversy at CIPO – Read Jerome Bastien’s blog post on the recently published policy of the Canadian Intellectual Property Office (CIPO) on patent applications for medical diagnostic methods, which has been the subject of criticism.  The English translation is available at this LINK.

March 15, 2018 | Recent Developments

Legally Speaking with Jerome Bastien – On March 1, 2018, Jerome Bastien appeared on the podcast “Legally Speaking with Lawyer Kristen O’Keef”.  Jerome discusses the importance of securing patents and trademarks to protect valuable intellectual property rights.  The podcast can be accessed at this LINK.

March 2, 2018 | Recent Developments

Susan Beaubien has been appointed by the Government of Canada to the roster of qualified individuals to determine disputes arising under Chapter 19 of the North America Free Trade Act (NAFTA) . Members of the roster may be appointed to serve on dispute settlement panels established under Chapter 19 of NAFTA. The appointment is effected by […]

February 3, 2018 | Recent Developments

Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited, 2018 FC 63 (Justice Manson) Cosmetic Warriors Limited (“Cosmetic”) owes a trademark registration (TMA649810) for the word LUSH, for use in association with “Clothing, namely, t-shirts”.   On September 10, 2014, at the request of Riches, McKenzie & Herbert LLP, the Registrar of Trade-marks issued a Notice […]

December 14, 2017 | Recent Developments

Teva Canada Limited v Pfizer Canada Inc., 2017 FC 957 (Zinn J).   Teva and Pfizer have been in litigation regarding Pfizer’s 1998 patent on its Viagra (sildenafil citrate) pharmaceutical since 2007. In 2012, the Supreme Court of Canada held that the patent was invalid for inadequate disclosure. Now, Teva seeks compensation for damages it […]