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Field Law

Don’t Blame the Bean: The Monsanto Patent Decision

In the case of Bowman v. Monsanto Company (May 13, 2013), the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto’s patented soybeans. (See our…more

| Agriculture, Commercial Law & Contracts, Intellectual Property, Science,...

Entertainment Law Case: TV Makeover Show

In Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the “form and expression” of ideas, as embodied in a TV show. In this case, the defendant Zone 3…more

| Art, Entertainment, & Sports Law, Intellectual Property

Use of Declaratory Judgment before Patent Infringement

Ever wondered if you would infringe a patent but wanted to know before any infringement occurred? Honeywell International, Inc. and Arkema Inc. are competitors in the field of automotive air-conditioning systems…more

| Civil Remedies, Intellectual Property

Canadian Online Business Take Note: Internet Tax Case

“The world has changed dramatically in the last two decades… An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet.” …more

| Commercial Law & Contracts, International Law & Trade, Science,...

Breach of Privacy in the Cloud (Canada)

When a cloud privacy breach occurs in Canada, what happens? In some cases, businesses are subject to mandatory breach notification requirements. This means that a privacy breach - whether as a result of a hacker, a lost USB or…more

| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Trade-mark Clearinghouse Launched

ICANN’s new gTLD process has taken another step forward. The period for filing formal objections against new generic top-level domains (gTLDs) has now been closed, and the Trademark Clearinghouse has been opened. The…more

| Communications & Media Law, Intellectual Property, Science, Computers, &...

What's the Use? Give Your Trade-Mark's Life Some Meaning

The most important, and most often overlooked, aspect of giving validity and value to your company’s trade-marks is how they are “used.” Unlike copyright works or patented inventions, that remain protected even if never exposed…more

| Intellectual Property

Is There Life After Death for Your Digital Assets?

Digital assets. It is a phrase that is currently trending among legal commentators and Canadians alike. Some argue that it is a critical topic for any estate plan. Others feel it has no place in an estate planning meeting. …more

| Communications & Media Law, Science, Computers, & Technology, Wills,...

Software Patents in Canada: New Guidelines Released

The Canadian Intellectual Property Office has released guidance on “Computer-Implemented Inventions” as planned, in the wake of the Federal Court of Appeal decision in Amazon. While “software” is technically not patentable, a…more

| Intellectual Property, Science, Computers, & Technology

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