Moffat & Co.
Macera & Jarzyna LLP

Adam Tracey

Janice G. Kelland

Rebecca Huang

Ashley Chu

Eduardo Fonseca

John Kevin Carton

Amy Thomas

Barry E. Hutsel

Adele J. Finlayson

Mark Butler

Andy K. Jarzyna

Joseph L. Ulvr

James R. Palmer

Jerome P. Bastien

Sandra M. Ward

Gary Arkin

June 29, 2022 | Recent Developments

CLIENT ALERT – Changes to Patent Examination Procedure in Canada by Janice Kelland Recent amendments to the Canadian Patent Rules which will affect the cost of examining patent applications in Canada have just been registered and will be in effect before the end of the year. These requirements can be avoided if a request for […]

June 21, 2022 | Recent Developments

Rebecca Huang – Called to the Bar The Partners, Associates and Staff at Moffat & Co. wish to offer their congratulations to Rebecca Huang on her recent call to the Bar.  Rebecca completed her articles with or sister firm Macera & Jarzyna LLP this spring and is now a freshly minted Barrister & Solicitor and […]

June 20, 2022 | Recent Developments

Federal Court Clarifies Test for Patent Subject Matter Eligibility By Jerome Bastien The Federal Court has recently issued a decision in the case of Benjamin Moore & Co. v. The Attorney General of Canada, 2022 FC 923. This case follows the Amazon decisions by the Federal Court and the Federal Court of Appeal, and the […]

June 7, 2022 | Recent Developments

Canada’s Federal Court Issues Unprecedented Site Blocking Order to Stop Piracy of Stanley Cup Playoffs By Jaimie Bordman As copyright pirates continue to develop ever more complex ways to evade copyright enforcement, content owners must continually devise new ways of stopping them. In a recent decision, Canada’s Federal Court has provided content owners a significant […]

May 3, 2022 | Recent Developments

CANADA TO CHANGE COPYRIGHT TERM By Jaimie Bordman The length of the term of copyright protection in Canada is going up. Canada’s budget implementation bill contains amendments to the Copyright Act that will extend the term of copyright. The new term length will be the life of the author, plus 70 years. This is up […]

April 6, 2022 | Recent Developments

CIPO Publishes First Determinations Related to Due Care By Ashley Chu The Canadian Intellectual Property Office (CIPO) recently published its first determinations regarding due care. Since the amendments to the Patent Act and Patent Rules came into force on October 30, 2019, applicants and patentees have been required to show due care when: • requesting […]

March 22, 2022 | Recent Developments

Ashley CHU – Qualifies as Registered Canadian Patent Agent – The Partners, Associates and Staff at Moffat & Co. wish to announce and congratulate Ashley CHU on her recent success in passing all four of the Patent Agent examinations thereby qualifying as a Registered Canadian Patent Agent. Notably, this was Ashley’s first attempt at the […]

August 13, 2021 | Recent Developments

Canada’s Supreme Court Affirms that Tariffs Certified by the Copyright Board are Not Mandatory By Jaimie Bordman Canada’s Supreme Court has recently affirmed that tariffs for dealing with copyright-protected works levied by copyright collective societies and certified by the Copyright Board, are optional. Users of copyright-protected material are free to opt out of said tariffs […]

June 17, 2021 | Recent Developments

SUBWAY Wins Injunction Against BUDWAY Cannabis Shop By Jaimie BORDMAN   It has been said that imitation is the sincerest form of flattery. This provides little comfort to the owners of famous brands, however, since “imitation” can cause serious problems such as confused customers and erosion of the brand owner’s valuable reputation. One such brand […]

May 27, 2021 | Recent Developments

Federal Court of Appeal Upholds Site-Blocking Order by Ashley Chu The Federal Court of Appeal (FCA) has upheld an unprecedented site-blocking order issued by the Federal Court. In 2019, the Federal Court issued an order requiring a number of Canadian Internet service providers (ISPs) to block access to certain websites that were alleged to infringe […]

May 20, 2021 | Recent Developments

Federal Court Provides Guidance on Fair Dealing in Copyright Law by Jaimie Bordman   The Federal Court has recently provided guidance on the issue of fair dealing with copyright works, dismissing a claim of copyright infringement brought by Canada’s national broadcaster against one of Canada’s major political parties. During the federal election campaign of 2019, […]

May 6, 2021 | Recent Developments

Jaimie Bordman has prepared a summary of two recent Practice Notices published by the Canadian IP Office.  You can read the summary by clicking on LEARN MORE.

April 26, 2021 | Recent Developments

CANADA’S BUDGET 2021 On April 19, 2021, Canada tabled its first Budget in two years.  The budget titled A Recovery Plan for Jobs, Growth, and Resilience is clearly responding to the economic impacts of the pandemic on many sectors across the country.  The Budget includes new IP related programs, the details of which are to […]

June 29, 2020 | Recent Developments

SAINTA T-shirt Challenge – we challenge you to submit photos of you (or your significant other) wearing a Moffat & Co. SAINTA t-shirt.  To get you started, click here to view a few of our colleagues wearing their selected attire.  Please submit your photos to Andy Jarzyna at andy.jarzyna@moffatco.com.   All photos will be posted on the SAINTA […]

April 22, 2020 | Recent Developments

“No challenge” clauses called into question in Canada – Ontario Superior Court finds such clauses are not in the public interest, and should not be enforced An interlocutory decision from the Ontario Superior Court could have far-reaching implications for IP licensing and the settlement of IP disputes in Canada. Earlier this year, the Ontario Superior […]

January 30, 2020 | Recent Developments

Changes to Late National Phase Entry When filing a National Phase of a PCT application in Canada, you need to be aware of the following changes to the Patent Regulations for late entry: If the International Filing Date is before October 30, 2019, the deadline for national entry is 30 months from the earliest priority […]

November 27, 2019 | Recent Developments

Canadian Patent Law – Adjusting to New Practice. Janice G. Kelland explains recent developments in Canadian Patent Law. The 30th of October 2019 was a red-letter day for Canadian patent law. Amendments made to the Canadian Patent Act in 2014 and 2015, and the completely re-drafted Canadian Patent Rules registered in July 2019, came into […]

November 2, 2019 | Recent Developments

New Patent Rules came into force in Canada effective October 30, 2019. Click Learn MORE.

October 11, 2019 | Recent Developments

If you need to designate a Canadian Trademark Agent for an International Application – click Learn More.

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 […]