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March 2019
Copyright Board Modernization
In April 2019, amendments to the Copyright Act will come into force that will modernize the legislative framework of the Copyright Board of Canada – an independent administrative tribunal tasked primarily with setting tariffs for the use of copyrighted content that is collectively managed. A key goal of these reforms is to improve the longstanding issue of delays in the decision-making processes of this important Canadian institution. Please join us as Daniel Whalen provides an overview of the Copyright Board…
Find out more »May 2019
Is Your Trademark Practice Ready for Change?
On June 17th, Canada’s trademark landscape will change significantly with the long-awaited and much discussed changes to the Trademarks Act that will implement amendments from legislation introduced over the last 5 years. The details of the changes, including elimination of use as a registration requirement, membership in the Madrid Protocol and new filing and opposition procedures have already been the subject of much debate and commentary. However, what will this mean for the long-term practice of trademark law in Canada?…
Find out more »June 2019
Patent Update
On the day of implementation of landmark changes to trademark law... let's talk about patent law! Recent cases have considered a number of interesting issues: overbreadth, scope for prior art for an obviousness analysis, 'inventive concept' v. claim construction, and application of the 'obvious to try' test. Additionally, we are nearing the two-year anniversary of amendments to the Patent Act and the Patented Medicines (Notice of Compliance) Regulations to replace the summary judgment proceedings under the Regulations with full actions.…
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