Intellectual Property
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April 04, 2024
Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input
The Federal Court and Federal Court of Appeal are working on updating their rules and seeking the bar’s views on dozens of reform ideas, such as modifying the test for certifying national class actions; green-lighting non-lawyers to represent litigants if “the interests of justice so require”; and boosting the $100,000 cap on claims for matters that proceed as simplified actions.
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April 04, 2024
Importance of the use of colour in a trademark and presenting the right evidence at trial
The English Court of Appeal has dismissed an appeal from the trial judgment which raised some interesting trademark and branding issues Lidl Great Britain Ltd v. Tesco Stores Ltd. [2023] EWHC 873 (Ch) discussed here. However, the comments from the Court of Appeal indicate a reluctance to do so (Lidl Great Britain Ltd v. Tesco Stores Ltd [2024] EWCA Civ 262).
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March 28, 2024
Amendments to the Investment Canada Act aimed at protecting national security, economic interests
Amendments to the Investment Canada Act (ICA), including a new filing requirement prior to the implementation of foreign investments in certain sectors, will help the government prevent harm to the economy and national security, according to a release.
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March 28, 2024
Privacy rights score victory over artists and creators on the Internet
Copyright law is a notoriously difficult balancing act between protecting creators of content and enabling users who are mainly looking to enjoy music, funny pet videos and other content online. That tightrope balancing act has tried to wrest back control of content by creators, but sometimes at the expense of the privacy rights of users, whose credentials are needed in order to identify infringers. However, the latest decision from Canada’s highest court is decidedly tipped in favour of users and their right to privacy, leaving content creators in the dust.
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March 27, 2024
Facilitating international document verification: Canada ratifies Apostille Convention
Canada’s recent decision to ratify the Apostille Convention marks its significant effort to simplify cross-border and global document verification.
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March 25, 2024
In oppositions onus is on parties to file the right evidence at the right time
The applicant applied to register the trademark Divert NS (the mark) in association with various services related to waste diversion and recycling. The application was based on use of the mark in Canada since at least as early as May 16, 2016. The opponent opposed the application, alleging, among other grounds, that the applicant had not used the mark in Canada since the date claimed in the application contrary to ss. 30(b) of the Trademarks Act (Divert, Inc. v. Resource Recovery Fund Board Inc., 2021 TMOB, 2022 FC 1650.)
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March 21, 2024
Competition Bureau releases paper on AI and competition, seeks feedback
The Competition Bureau is inviting public comment on a discussion paper it released March 20 that explores the potentially profound impact of artificial intelligence (AI) on competition in Canada.
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March 21, 2024
Electoral reform bill targets dark money, foreign interference, deep fakes, other AI misinformation
Ottawa’s proposed overhaul of the Canada Elections Act includes new false and misleading speech offences and administrative monetary penalties (AMPs); new and expanded prohibitions targeting foreign interference and the misuse of AI and deep fakes to fuel disinformation and voter suppression; and new third-party contribution rules the federal government says will “increase transparency and mitigate dark or foreign funds in Canada’s election system.”
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March 21, 2024
Politicization of tribunal appointments worse than that of judicial appointments | Brian Cook
Recent moves by the current government to politicize the process of appointing judges have caused significant concern. The process for appointing adjudicators who sit on Ontario’s adjudicative tribunals is much worse. The government has been criticized for making political appointments to the committee responsible for making judicial appointment recommendations. There is no such committee, and virtually no other form of oversight for appointments to adjudicative tribunals.
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March 20, 2024
Montreal cosmetics firm fined $500,000 for marketing products containing ‘forever chemical’
A Montreal-area cosmetics manufacturer is facing a $500,000 federal fine for marketing cosmetics containing a common silicone polymer classified as a “forever chemical.”