Field Law

2000, 10235 - 101 Street NW
Edmonton, AB T5J 3G1 , Canada

  • 780-423-3003
  • 780-428-9329

USPTO Patent Eligibility Guidelines

What is eligible to be patented in the US? This week the U.S. Patent and Trademark Office (USPTO) released Interim Eligibility Guidance on patent subject matter eligibility. In this document, the USPTO summarizes the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called “right to be forgotten” in connection with a Canadian trade-secret…more
| Communications & Media Law, Intellectual Property, Privacy

Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees

Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Education, Labor & Employment Law

Case Comments: Interpretation of Standards of Practice and Standard of Review

Hunter v College of Physicians & Surgeons of Alberta, 2014 ABCA 262 (Alta CA), upholding the decision of the Council for the College and dismissing the appeal. A physician who married his former patient challenged his…more
| Administrative Law, Civil Procedure, Health

The Top 10 "Tips and Traps" for Tribunal Member Conduct

...I created The Top 10 “Tips and Traps” for Tribunal Member Conduct. While some of the tips may seem like common sense, on many occasions problems arise due to the failure by both new and experienced Hearing Tribunal members to…more
| Administrative Law, Civil Procedure

Copyright: Canada’s Notice-and-Notice Provisions

The made-in-Canada notice-and-notice provisions are coming in January, 2015. You may recall that in June 2012 the Copyright Modernization Act was passed by Parliament. Portions of the new copyright law came into force in…more
| Communications & Media Law, Intellectual Property

Terminating Fixed-Term Contracts on Your Terms

The Court of Appeal of Alberta recently upheld a finding of constructive dismissal of an employee, who although paid to the end of his one year fixed-term contract, was not allowed to work during the final month of the contract…more
| Commercial Law & Contracts, Labor & Employment Law

Heartbleed Virus Causes Heartburn: Information Security Implications

News reports regarding the so-called Heartbleed computer virus sparked concerns regarding cyber security and digitally-stored personal information. The Canada Revenue Agency announced that the virus caused a security breach…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Promissory Notes: Who are you Promising to Pay?

Promissory notes are often issued in the course of business arrangements and financial transactions to record indebtedness and financial obligations. People who use these instruments, however, should be aware of the specialized…more
| Commercial Law & Contracts, Finance & Banking

Finality and Relitigation

Re Mamdeen, 2014 CarswellBC 651 (B.C. College of Registered Psychiatric Nurses Discipline Committee) - A psychiatric nurse was terminated by his employer for having a sexual relationship with a patient. His union grieved…more
| Administrative Law, Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Update: PIPA Revived

As a follow-up to our earlier post (PIPA on Death’s Door), Alberta’s Personal Information Protection Act (PIPA) has been resuscitated. The Supreme Court of Canada (SCC) has granted a six-month reprieve, to allow the Government…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Computer and Software Related Innovation – Is There A Rationale For Filing Software Patent Applications in Canada?

Intellectual property law provides a number of avenues to protect investments that innovators make in developing and marketing software. Securing one or more intellectual property rights is critical in acquiring and maintaining…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked

Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights Tribunal…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

B.C. College of Optics Inc. v. The College of Opticians of B.C., 2014 BCSC 1853

The B.C. College of Optics (the “School”) is a private school for Opticians. The School applied to the provincial regulator, the College of Opticians of B.C., (the “College”) seeking recognition of the School’s academic…more
| Administrative Law, Civil Procedure, Education

Intellectual Asset Management Best Practices – Part 2

In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property
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