The Canadian Broadcasting Corporation v. Conservative Party of Canada...
The Federal Court recently released its decision in Canadian Broadcasting Corporation v. Conservative Party of Canada, 2021 FC 425 [CBC] in which it found that the Conservative Party’s use of CBC’s...
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Bill C-218 receives royal assent: the legalization of single-event sports...
Canadian provinces will soon be tasked with the regulation of single-event sports betting. On June 29, 2021, Bill C-218, entitled An Act to amend the Criminal Code (sports betting) (“Bill C-218”),...
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Image Copyright in the Age of Social Media
In an age where online image sharing is more prevalent than ever thanks to the abundance of different social media platforms, the question of who has a right to use what photographs or creative...
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Australia and South Africa find Artificial Intelligence “Inventor” compatible...
Traditionally, an “inventor” in a patent application has been defined as a person who invented or discovered the subject matter of the invention. Until recently, it has not been necessary to consider...
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Quick overview of the state of patents for psychedelics
Psychedelics are a class of psychoactive substances that produce changes in perception, mood and cognitive processes. Also so known as “hallucinogens”, reference to psychedelics is commonly meant to...
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Federal Court of Canada provides narrow interpretation of the scope of Patent...
One does not need to be a legal scholar to know that confidential communications between lawyers and their clients for the purpose of seeking and giving legal advice are generally privileged. The...
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NFTs, Intellectual Property and Art: An Overview in Three Parts (Part 1 of 3)
This article is part of a three-part series on NFTs: Part 1: What are NFTs and Where Do They Derive their Value? Part 2: NFTs and IP Law Part 3: NFTs and the Digital Art Marketplace Earlier this year,...
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NFTs and Intellectual Property: An Overview in Three Parts (Part 2 of 3)
This article is part of a three-part series on NFTs: Part 1: What are NFTs and Where Do They Derive their Value? Part 2: NFTs and IP Law Part 3: NFTs and the Digital Art Marketplace In the first part...
View ArticleNFTs, Intellectual Property, and Art: An Overview in Three Parts (Part 3 of 3)
This article is part of a three-part series on NFTs: Part 1: What are NFTs and Where Do They Derive their Value?Part 2: NFTs and IP LawPart 3: NFTs and the Digital Art Marketplace In the first and...
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The 2022 PMPRB Outlook for Pharmaceutical Patentees in Canada
UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors...
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Artificial Intelligence not an “Inventor” under European Patent Law: Is...
As reported in an earlier ANGLE post, we discussed how 2021 saw a number of patent office developments with regard to whether a non-human entity could be considered an inventor under various patent...
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Lavigne (Valmedia) v. 9061-6632 Québec inc.: Infringement of moral rights...
(French version available at bottom of article)True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators...
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Trademark Year in Review: Notable Trademark Decisions in 2021
(French version available at bottom of article) The past year has brought forward several important decisions in Canada trademark law. From depreciation of goodwill claims, objections founded on bad...
View ArticleKey Takeaways from Ongoing PMPRB Litigation
UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors...
View ArticleVirtual reality: navigating trademark challenges in the metaverse
Nicolas Charest, Eliane Ellbogen and Simon Hitchens suggest how brand owners can navigate the various challenges they are likely to face when using, protecting and enforcing their trademarks in...
View ArticleCanadian Strategies for New Patent Rule
Upcoming Changes to Canadian Patent Practice Could Mean Increased Costs. Can you take steps now to mitigate? As part of the implementation of the patent term adjustment (PTA) obligation in the...
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The Federal Court of Appeal has spoken: actual damage doesn’t need to be...
In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader....
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Today’s Youth, Tomorrow’s Innovators: Emerging Technologies Present...
In celebration of this year’s theme for World IP Day, IP and Youth: Innovating for a Better Future, we are exploring the IP implications of emerging technologies that may shape our collective future:...
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Sedona Conference 2022: Practical Recommendations on Protecting Trade Secrets...
The Sedona Conference Working Group recently issued some practical recommendations in their publication “Commentary on Protecting Trade Secrets in Litigation About Them”.[1] The purpose of this...
View ArticleIntroduction to Trademarks – the Basics
As a strong supporter of the food and beverage industry, Fasken is pleased to invite you to view this episode of the Masterclass Series, presented by BC Food & Beverage (BCFB). This video series...
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Trademark Owners and Franchisors Beware: in Milano Pizza Ltd. v. 6034799...
In its recent Milano Pizza Ltd. v. 6034799 Canada Inc. decision, the Federal Court ordered the expungement of a trademark registration because the plaintiff did not exercise sufficient control over...
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Canadian Patent Rules Coming into Force on October 3, 2022
UPDATE: Further to the below article, the Patent Rules have now been published in Canada Gazette, Part II, Volume 156, Number 13. This issue of the Canada Gazette may be accessed here in HTML format,...
View ArticleBreaking News from the WTO: Limited TRIPS Waiver for COVID-19 Vaccines
On June 17, the 2022 Ministerial Conference of the World Trade Organization (“WTO”) issued a decision [PDF] pursuant to the Agreement on Trade-related Aspects of Intellectual Property Rights (“TRIPS...
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Bill 96: Major Changes Affecting Trademarks on Packaging and Signage in Canada
Most companies doing business in Canada prefer to use the same branding across all Provinces and Territories, particularly for consumer product labelling and signage of consumer-facing businesses....
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Trademark Protection within Blockchain Domains
Companies owning trademarks should reserve their trademarks with blockchain naming systems. The risk of infringement of blockchain domain names is real and remedies are limited at this time. Thus, it...
View Article“Making Available”– The Supreme Court Rules That There Is Only One Royalty...
Fasken successfully represented several of the respondents before the Supreme Court of Canada in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association,...
View ArticleThe Day of Reckoning for Official Marks – Coming Soon!
Official marks are an exotic species in the world of trademarks and a purely Canadian invention. They will soon become more vulnerable than ever due to the coming into force at some point in 2023 of a...
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PMPRB Interim Guidance Updated
On August 18, 2022, PMPRB announced its Decision resulting from the consultation on the PMPRB Price Review Approach During the Interim Period following publication of Amendments to the Patented...
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Are Disney’s live action remakes extending the copyright of their animated...
During a time when Disney’s copyright protection over some of their most classic works is either nearing an end or has already ended in certain countries like Canada, it may seem oddly coincidental...
View ArticleIP Protection in the Artemis Era: Will Rights be Lost in Space?
One clear objective of Nasa’s Artemis missions is to bring about a permanent presence on the Moon that will include commercial and industrial projects. The potential for commercial and industrial...
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The Bell Media Inc v Macciacchera (Smoothstreams.tv) Decision and...
The Federal Court recently released its decision in Bell Media Inc v Macciacchera (Smoothstreams.tv), 2022 FC 1139, in which the court stressed the importance of compliance with Interim Orders and...
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PART I: Are Tattoos Protected by Copyright?
Updated October 18th, 2022 As tattoos have become increasingly common, the question of whether copyright subsists in a tattoo and what that means has come to the forefront of the copyright...
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PART II: Are Tattoos Protected by Copyright?
As detailed in Part I of this blog post, despite the fact that Canadian courts have not yet grappled with a case related to copyright and tattoos, the Copyright Act and foreign caselaw suggests that...
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Social Media and Copyright: What are the Common Copyright Limitations and...
In a time when online sharing is becoming more and more complicated thanks to an ever increasing number of social media platforms cropping into existence and an equally ever increasing amount of time...
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Who Really Benefits from Canada’s Impending Copyright Term Extension?
It is now official. As of December 30, 2022 the term of protection for copyrighted works will be extended by 20 years to match earlier extensions that occurred in the United States and Europe....
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Is Mariah Carey the QUEEN OF CHRISTMAS®? Not according to the US Trademark...
Mariah Carey wrote and recorded one of the world’s most well known Christmas songs, ALL I WANT FOR CHRISTMAS IS YOU. Originally released in 1994, it has become a staple of holiday music playlists;...
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Art, Technology & the Law : NFTs and Trademark Infringement – Real-World IP...
This year, we are increasingly seeing how real world IP rights can be protected and enforced in the ever-expanding virtual world. Case law, especially in the United States, is developing how digital...
View ArticleModernization Initiatives of the Copyright Board
Why Is the Copyright Board Modernizing? The Copyright Board of Canada (“the Board”) has announced the completion of Phase 1 of its Modernization Initiative that has taken place over the past four...
View ArticleStudy confirms the critical importance of working with high-quality patent...
A recent study published by university scholars in The Journal of Industrial Economics[1] confirmed how important it is to work with highly qualified professionals to obtain a patent. Indeed, the...
View ArticleRegulation, Generative AI, and legal considerations
With generative AI’s ability to aid knowledge management, increase efficiency and accelerate development there must be balanced consideration of intellectual property (IP) protection and stakeholder...
View ArticleIs graffiti protected by copyright and if so, what are some of the legal...
Copyright in graffiti is an interesting and relatively unexplored area of law in Canada. It is still unclear what kinds of protections a graffiti artists’ work can be afforded, but by looking at the...
View ArticleArchitectural Designs: Are they Copyrightable?
The concept of a piece of art that is architectural in nature or an artistically designed building being copyrightable might seem fairly self-explanatory, but what about the design plans for that...
View ArticleOpposition and Cancellation Proceedings Shifting Into Higher Gear in Canada
Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings...
View ArticleVoltage Holdings, LLC v Doe #1 and Evidentiary Requirements in Copyright...
The Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct and authorizing...
View ArticleDoan v Clearview Inc and the Identification of Class Members
The Federal Court recently released its decision in Doan v Clearview Inc, 2023 FC 1612, in which the Court distinguished a situation where there is no basis in fact for proving that two or more class...
View ArticleAlberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024...
The Federal Court recently released its decision in Alberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292, in which the Court confirmed that Copyright Board-approved...
View ArticleCopyright and Presentations: How to Avoid Presentation-Related Copyright...
When building a PowerPoint presentation it can be very tempting to search the internet for the perfect photo, image, graph, or piece of music to liven up your slides and illustrate a particular point....
View ArticleBlacklock’s Reporter v Canada (Attorney General) and Password Sharing for...
In its decision in 1395804 Ontario Ltd (Blacklock’s Reporter) v Canada (Attorney General), the Federal Court reaffirmed the broad nature of the Copyright Act’s (“Act”) fair dealing exception for...
View ArticlePatent Term Adjustment is finally coming to Canada
The Canadian government is proposing modifications to the Patent Rules to finally introduce a Patent Term Adjustment (PTA) system[1]. The PTA will provide an additional term for patents for...
View ArticleWilliams v Music and Entertainment Rights Licensing Independent Network Ltd...
In its decision in Williams v Music and Entertainment Rights Licensing Independent Network Ltd, the Federal Court denied a claim that the Applicant’s musical content had been used without consent in...
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