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Inside Internal Controls

News and discussion on implementing risk management

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Intellectual Property, IP

Cryptocurrency taxation update

On May 17, 2019, the Department of Finance released proposals to amend the Excise Tax Act (Canada) to treat certain virtual currency as a financial instrument for GST/HST purposes.

 

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When copyright in a work transfers to the Crown: Keatley v. Teranet

When does copyright transfer to the Crown under the Copyright Act? The Supreme Court clarified this in a landmark ruling released earlier today in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43, authoritatively interpreting Section 12 of the Act.

 

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Compliance with the Quebec language requirements for display of trademarks to be ‎mandatory on November 24, 2019‎

This information bulletin addresses the language requirements pertaining to display, in a language other than French, of trademarks on real estate in Quebec.

 

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Businesses have until November 24 to put their French face forward

As previously reported, Quebec companies that display a non-French trademark on outdoor signage in the absence of a French generic term, slogan or description have until November 24, 2019 to comply with the new rules requiring a “sufficient presence of French”.

 

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Legal considerations in tech lending

With a booking tech industry in Canada, growing technology companies need capital and, as a result, there has been growth in financing tech enterprises.

 

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Canada’s trademark applications for marijuana products and services cause an international stir at the Nice Committee of Experts

The hot topic this year at the 29th session of the Nice Committee of Experts in Geneva stemmed from Canada’s legalization of marijuana and the resulting trademark applications being filed globally containing marijuana and cannabis, as well as their related products and services.

 

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CCAA and BIA amendments to come into force November 1, 2019

Bill C-97 including certain proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) received Royal Assent on June 21, 2019.

 

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Paradigm shift 2: More recommended changes to Canadian copyright law announced

On June 3, 2019, Parliament’s Standing Committee on Industry, Science and Technology released its Statutory Review of the Copyright Act. Section 92 of the Copyright Act mandates that the Act must be reviewed every five years by a parliamentary committee, and this Statutory Review was the first comprehensive review conducted since the overhaul of Canada’s copyright legislation in 2012 with the adoption of the Copyright Modernization Act.

 

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Going overboard on overbreadth

Under the doctrine of overbreadth (also referred to as “claims broader than the invention” and “covetous claiming”), a patent is invalid if its claims extend beyond the invention. While seemingly a straightforward idea, there is a lack of clarity for how such an allegation of invalidity is approached by the Court.

 

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Franchise article series: Franchising and intellectual property

This article is part of a series of articles that document some key considerations about franchising, including some of the pitfalls and the opportunities.

 

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Significant changes to Canada’s trademark laws now in effect

The most significant amendments to the Federal Canadian trademark statute finally came into effect June 17, 2019.

 

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Competition Bureau releases 2019 Intellectual Property Enforcement Guidelines

As an independent federal law enforcement agency, the Competition Bureau (the “Bureau”) seeks to ensure that Canadian business and consumers prosper in a competitive and innovative marketplace. Keeping with its mandate, the Bureau released its updated Intellectual Property Enforcement Guidelines (“IPEGs”) on March 13, 2019.

 

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Countdown to Canada’s new Trademarks Act: Take action

With the June 17 “coming into force” date of the new Canadian Trademarks Act fast approaching, there are opportunities you can be taking advantage of NOW. Here, we highlight some practical tips and considerations to help you maximize the opportunities and prepare for the new realities.

 

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Upcoming “blackout period” for CIPO online services

As you may be aware, a number of significant changes to the Canadian Trademarks Act will come into force on June 17, 2019.

 

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Competition Bureau releases updated enforcement guidelines on abuse of dominance and intellectual property

On March 7, 2019, the Competition Bureau (Bureau) published new Abuse of Dominance Enforcement Guidelines (2019 Guidelines). These guidelines supersede the Bureau’s previous guidelines (2012 Guidelines) on sections 78 and 79 of the Competition Act (Act) and set out the Bureau’s approach to these sections of the Act.

 

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