Articles 2020

An outline of some of the significant confirmed changes with their effective date of implementation if known, as well as proposed changes working their way through the legislative process.

Both parties bear an evidentiary burden on a motion for a counsel's and expert's eyes only (CEEO) Order. Shan Arora highlights the key findings in the Federal Court of Appeal's decision.

Bill C-86 proposes amendments to the Copyright Act to facilitate streamlined hearings and timely decision-making. The authors highlight key aspects of the proposed reform in this timely article.

This article discusses the importance of trademarks in the Federal government’s new IP Strategy. While patents are the primary focus, far more Canadian small businesses own valuable trademarks than own rights in patentable inventions. Helping small businesses to identify, protect and enforce rights in their trademarks will be key to the IP Strategy’s success.

This article explores the exciting new age of social media and the implications for intellectual property rights. Social media presents great opportunities for individuals and corporations but must be managed appropriately in order to minimize the legal risks surrounding its use.

Blockchain technology and smart contracts have the potential to positively transform financial markets and the business of banking. While the associated benefits are promising, the application of blockchain technology to smart contracts brings with it important technical and legal issues.

The Supreme Court of Canada’s landmark decision in Google Inc v Equustek Solutions Inc upheld an interlocutory injunction against Google, a non-party, to globally de-index the websites of the defendant that is infringing the plaintiff's intellectual property. Although Google obtained a judgment from a US court declaring that the decision was not enforceable in the US, it was unsuccessful in having the original injunction overturned in Canada on the basis of the US judgment.

In the Federal Court’s recent decision of Andrew Collett v Northland Art Company Canada Inc and Bremner Fine Art Incorporated, 2018 FC 269, Justice Gleeson addressed the plaintiff’s claims for damages for infringement of copyright and moral rights, including statutory and punitive damages. This article summarizes the Court’s consideration of these damages.

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

The intersection of intellectual property law and competition law is an area that gains greater significance with each passing year. Much of the focus in this area recently has been on the appropriate scope of action to take by regulators. Also important, but attracting less attention, is the application of common law doctrines against contracts in restraint of trade to agreements that are based on the enforcement of intellectual property rights.