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...
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...
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...
Federal court of appeal upholds site-blocking order
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...
Federal court provides guidance on fair dealing in copyright law
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...
Managing the trademark backlog
Jaimie Bordman has prepared a summary of two recent Practice Notices published by the Canadian IP Office. You can read the summary LEARN MORE. CANADA IP UPDATE: CIPO PRACTICE NOTICES RE: TM BACKLOG Since 2019, when the Trademarks Branch of the Canadian Intellectual...
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...
Sainta t-shirt challenge
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...
“NO CHALLENGE” clauses called into question in Canada
“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...
Some changes to canadian patent law
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...
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