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Inside Internal Controls

News and discussion on implementing risk management

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intellectual property

Oh those trademark scammers

Never hesitate to enquire as to whether a solicitation received by email or mail regarding your Intellectual Property is legitimate. It is important to read the fine print to a solicitation to determine whether or not it comes from the CIPO.

 

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Competition Bureau releases big data white paper for public comment

The white paper provides useful initial guidance on how the Bureau may apply the existing framework under the Act to various competition considerations related to big data and algorithms that have been examined so far.

 

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That’s a wrap: Springboard profits, full cost accounting, and more from the Federal Court in Dow v. Nova

Overall, the decision provides clarification about the Federal Court’s approach to a diverse range of issues which can arise in accounting of profits cases. Moreover, the decision is the latest demonstration of the Federal Court’s willingness to consider flexible approaches to procedural and substantive issues to enable just and expeditious outcomes.

 

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Internal technology transfer gone wrong: Composite Technologies Inc. v. Shawcor Ltd., 2017 ABCA 160

Intellectual property is transferrable. And you should be careful with how you transfer your IP among your corporate family, especially if it constitutes the principal value in your business – and in your life’s work!

 

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Canada begins NAFTA consultations

These NAFTA consultations offer a significant opportunity for companies to have input on the primary drivers of their access to Canadian, US and Mexican markets. With the EU-Canada CETA coming into force in the coming months, Canada will be in the unique position of having preferential trading and investment relationships with the world’s two largest economies.

 

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Using your competitor’s trademarks as keywords? Proceed at your own risk

The Court of Appeal for British Columbia has issued an injunction restraining a party from using its competitor’s trademarks in its keyword advertising. While the Court of Appeal stopped short of finding that bidding on keywords in and of itself is contrary to the Trade-marks Act, it did find that in this case, the Defendant’s use of the Plaintiff’s trademarks as keywords in the visible text of its sponsored link was a misrepresentation likely to cause confusion to the public.

 

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Canadian Competition Bureau releases significant updates to its IP Enforcement Guidelines

On March 31, 2016, the Competition Bureau released revised Intellectual Property Enforcement Guidelines (IPEGs). These IPEGs reflect incremental changes to the draft version released for consultation last year. Most notably the new IPEGs provide further guidance on (i) pharmaceutical patent litigation settlements, (ii) product switching (also known as “product hopping”), (iii) collaborative standard setting and standard essential patents, and (iv) patent assertion entities.

 

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Intellectual property belongs to employer despite contract dispute

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When an employment relationship involves intellectual property created by an employee, the employer must take special care in the employment contract to consider who owns the IP.

 

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No copyright and trade-mark rights in most metatags

This case is the most recent in a small line of cases concerning the intellectual property implications, or lack thereof, in using website metatags formulated based on a competitor’s website or trade-marks. While the Court’s findings are fact specific, many aspects of the decision may make it difficult for brand owners to assert rights where they find that their trade-marks or trade-names have been used as metatags in a third party competitor’s website.

 

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Protection against copyright infringement strengthened by Robinson case but at what cost

On December 23, 2013, the Supreme Court of Canada rendered an important decision on copyright infringement in Cinar Corp. v. Robinson. The Court affirmed the trial judge’s finding that Cinar infringed Claude Robinson’s intellectual property and allowed a considerable increase in the monetary relief the Quebec Court of Appeal awarded Robinson. The unanimous judgment, written […]

 

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Keeping on top of legal requirements: How can I identify legal risks?

There are hundreds of thousands of federal, provincial and municipal statutes and regulations. Laws and regulations exist for virtually every aspect of an organization’s operations—incorporation, employment, safety, environmental, contracts, intellectual property, privacy and so forth. Organizations of all sizes need to be aware of their legal environment and regulations and laws that affect them…

 

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Bill aims to curtail trade in counterfeit goods

The federal government has introduced a Bill to make it more difficult to export, import and sell counterfeit goods, and to expand on what may be registered as a trademark and simplify the registration process. The proposed Combating Counterfeit Products Act (Bill C-56) would amend the Copyright Act, the Trade-marks Act, the Criminal Code of Canada and other Acts.

 

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