Field Law

Google v. The Court: Free Speech and IP Rights

Google Inc. v. Equustek Solutions Inc., et al., the long-running case involving a court’s ability to restrict online search results, and Google’s obligations to restrict search results has finally reached the Supreme Court of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Workwise: The Time of Year for Holiday Cheer: A Few Things for Employers to Keep in Mind

With the holidays just around the corner, many employers will be celebrating the holiday season and a hard year’s work with its staff. Although this is a time for cheer, employers should also be mindful of their obligations to…more
| Labor & Employment Law, Personal Injury

IP Licenses & Bankruptcy Laws (Part 1)

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one of…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Intellectual Property

How Long Does it Take to Get a Patent?

Patent advisors are often asked this question. In Canada, CIPO has published the first-ever IP Canada Report, which contains an interesting trove of IP statistics. Among the infographics and pie-charts is a series of bar graphs…more
| Intellectual Property, Science, Computers, & Technology

“Place of Origin” as a Trademark in Canada

The Canadian trademarks office has released a Practice Notice in order to clarify current practice with respect to applying the descriptiveness analysis to geographical names. In our earlier post on this topic (Trademark…more
| Business Organizations, Intellectual Property, International Law & Trade

Thinking of Immigrating to Canada?

To the astonishment of many around the globe Donald Trump has been elected as the 45th President of the United States of America; and for the second time this year, the Government of Canada’s immigration website crashed due to a…more
| Elections & Politics, Immigration Law

Use of a Trademark on Software in Canada

Xylem Water Solutions is the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations. Xylem received a Section 45 notice from a trademark lawyer, probably on…more
| Intellectual Property, Science, Computers, & Technology

CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties

Although Canada’s anti-spam legislation (CASL or the Act) has been in force since July 1, 2014 and a number of substantial penalties have been imposed under its terms, the Canadian Radio-Television and Telecommunications…more
| Administrative Law, Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection, Privacy

Dear CASL: When Can I Rely on “Implied Consent”?

Canada’s Anti-Spam Legislation (CASL) is overly complex and notoriously difficult to interpret – heck, even lawyers start to see double when they read the official title of the law (An Act to promote the efficiency and…more
| Communications & Media Law, Science, Computers, & Technology

The Resignation Trap: Avoiding Unwanted Consequences When an Employee Resigns

It may be assumed that when an employee says “I quit” or walks into his employer’s office, hands in his keys and says “I’m done” the employer can accept the employee’s resignation and move on with replacing the employee…more
| Commercial Law & Contracts, Labor & Employment Law

Trader Joe’s vs. Irate Joe’s

In a long-running battle between Trader Joe’s and _Irate Joe’s (formerly Pirate Joe’s, a purveyor of genuine Trader Joe’s products in Vancouver, B.C.), the US Circuit Court of Appeals recently weighed in. We originally covered…more
| Intellectual Property, Science, Computers, & Technology

Licensees Beware: Assignment Provisions in a License Agreement

Let’s say a company negotiates a patent license agreement with the patent owner. The agreement includes a clear prohibition against assignment – in other words, for either party to transfer their rights under the agreement, they…more
| Intellectual Property, Science, Computers, & Technology

Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection

In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in…more
| Civil Procedure, Civil Remedies, Professional Malpractice

Online Defamation & Libel: The Trump Effect

It’s not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term “titanic” I certainly don’t mean to suggest that anything disastrous is in the future. After…more
| Elections & Politics

Happy Birthday… in Trademarks

You may have heard that the lyrics and music to the song “Happy Birthday” were the subject of a protracted copyright battle. The lawsuit came as a surprise to many people, considering this is the “world’s most popular song”…more
| Intellectual Property, Science, Computers, & Technology
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2500 - 10175 101 ST NW
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