Blacklock's Reporter - Paywalls and Fair Dealing
by Paul Taylor-Sussex on October 19, 2016
We encounter copyrighted products every day of our lives. Copyright is there to protect the creator, and give them the legal right to decide how their work is reproduced, published or distributed. However, sometimes we infringe that copyright, either deliberately or inadvertently. But are all infringements created equal?
The Federal Court last month heard a divisive case involving the Government of Canada and Blacklock’s Reporter, an Ottawa-based subscription news site that covers politics, bills and regulations. Blacklock’s claims that in October 2013 a staff member at Finance Canada shared two paywall-protected articles with five of his colleagues, thereby breaching copyright.
Stop, Thief? Passing Off In Toronto
by Adam M. Tracey on October 4, 2016
We have all seen what can happen when a particular business idea takes off; before long, a proliferation of new businesses pop up in the same neighbourhood, and it can often be difficult to distinguish one taco joint (or craft brewery, nail bar, fair trade coffee house, yoga studio, etc.) from another.
This exact legal scenario is unfolding in the West Queen West neighbourhood of Toronto, where a cocktail supply emporium feels that its newfound success is being usurped by its neighbour - who was there first!
CIPO Pilot Project - Email Communications of Hearing Correspondence
by Taiji Yoshino on September 1, 2016
IP Professionals, as well as trademark owners and applicants, should take note of the Canadian Intellectual Property Office’s pilot project regarding communications with the Trademarks Opposition Board.
In effect from September 1st 2016 to March 1st 2017, the project aims to expedite the communication of hearing correspondence and ensure timely communications with the Trademarks Opposition Board.
IPIC recommends "Innovation Box" in Pre-Budget Consultations
by Adam M. Tracey on August 23, 2016
The Intellectual Property Institute of Canada (“IPIC”), Canada’s professional association representing intellectual property practitioners across the country, has formally submitted recommendations for “fostering a culture of innovation” to Canada’s Minister of Finance. The submission was made in the months leading up to announcement of the federal Liberal government’s second budget under Prime Minister Justin Trudeau’s leadership.
Privilege For Patent And Trademark Agents Now Effective In Canada
by Blog Editor on August 12, 2016
Canada’s intellectual property regime has been significantly improved by virtue of amendments to the Canadian Patent Act and Trade-marks Act, affording statutory privilege between intellectual property owners and their patent and trademark agents. Effective June 24th, 2016, these amendments ensure that client disclosures relating to obtaining intellectual property rights are full and frank, unencumbered by concerns as to whether confidential information should be disclosed.