Searching Content from Canada indexed under Licensing & Syndication ordered by Published Date Descending.
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IP Representations and Warranties in Tech M&A
When negotiating an M&A deal involving a technology company, parties need to pay particular importance to the representations and warranties regarding the target company's intellectual property (IP).
28 Sep 2017
Copyright in Seismic Data is Confirmed
In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own.
5 Jun 2017
Four Copyright Registrations Expunged Where Respondent Was Not The Author And Owner Of The Works (Intellectual Property Weekly Abstracts Bulletin — Week of May 22, 2017)
The Court granted Gemstone's application to expunge four copyright registrations and to amend one copyright registration to replace "Gemstone Travel Management Systems" with....
26 May 2017
Some Key Elements Of A Trade Secret License
A trade secret license can help extract value from a trade secret, a valuable form of intellectual property asset. However, omitting a key ingredient from a trade secret license can result in the ultimate loss of the value of the asset, disagreements between the licensor and licensee and lost opportunities.
10 Apr 2017
Unique Trade Secret License Agreement Features
While there has been significant growth in worldwide patent applications filed and patents granted, much intellectual property continues to be protected as a trade secret.
10 Apr 2017
Court Provides Method For Assessing Quantum Of Teva's Section 8 Damages (Intellectual Property Weekly Abstracts Bulletin — Week Of April 3, 2017)
In this case, the parties had asked the Court for specific rulings and guidance in calculating Teva's section 8 damages.
7 Apr 2017
Intellectual Property Weekly Abstracts Bulletin — Week Of March 20
Teva appealed a decision of the Federal Court ("FC") granting Leo a prohibition order in respect of their psoriasis drug.
31 Mar 2017
Prohibition Order Upheld, Appeal Re Sound Prediction And Sufficiency Dismissed (Intellectual Property Weekly Abstracts - Week Of March 20, 2017)
Teva appealed a decision of the Federal Court granting Leo a prohibition order in respect of their psoriasis drug (Decision here; our summary here). The Federal Court of Appeal dismissed the appeal.
28 Mar 2017
Protecting Innovation In-House With Tanya Rothe Of D-Wave Systems (Video)
In the third of four videos from the Canadian Lawyer InHouse View 2017 series...
19 Jan 2017
To Extend, Or Not To Extend?
Brand extensions are closely related to brand equity. The equity of the brand is leveraged by extending the brand to additional wares and services or expansion into new geographical markets.
12 Jan 2017
IP Licenses & Bankruptcy (Part 2 – Seismic Data)
What happens to a license for seismic data when the licensee suffers a bankruptcy event? In Part 1, we looked at a case of bankruptcy of the IP owner.
20 Dec 2016
Fletcher v. Doig: An Unlikely Case Of Coincidence, Correlation Or Consent
Who has the onus of establishing whether or not a license has been granted? If the license is oral, how is the "applicable law" established and under which jurisdiction?
13 Dec 2016
IP Licenses & Bankruptcy Laws (Part 1)
When a company goes through bankruptcy, it's a process that can up-end all of the company's contractual relationships.
7 Dec 2016
Motion For Declaration Of Software Ownership Dismissed
Justice G. Dow, in One Street Digital Inc. v. Berkeley Payment Solutions Inc., dismissed a motion brought by OSD seeking to have it declared the owner of software that it provided to BPS...
17 Nov 2016
Donald Trump Obtains Initial Victory Defending Canadian Lawsuit Involving Obligations Of A Licensor
Can a trademark licensor be held liable for the negligent actions of its licensee? In a decision involving United States presidential candidate Donald Trump, the Ontario Superior Court of Justice in Singh v Trump held that the egregious negligence of a licensee in this case did not provide a basis in law for imposing liability on a licensor.
7 Nov 2016
Judge Rejects Purported Oral Amendment of Toilet Patent Licensing Agreement
Arnold Hennessy invented "tip-tank" toilet technology, and assigned his rights in the patents and technology to Arnold Hennessy Holdings.
2 Nov 2016
New Evidence Of License Agreement Unable To Secure ASIA MILES Trade-mark Registrations
On October 12, 2016, Justice Southcott issued his Judgment and Reasons and Cathay Pacific Airways Limited v. Air Miles International Trading B.V., 2016 FC 1125.
27 Oct 2016
IP Monitor - The Insecurity Of Intellectual Property Licenses During Insolvency Proceedings
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
21 Oct 2016
Cross-Licensing Agreements Held To Not Trigger The Requirement To Send A Notice Of Allegation Under The PM(NOC) Regulations (Intellectual Property Weekly Abstracts Bulletin — Week Of October 17)
The Federal Court of Appeal has overturned two decisions of the Federal Court, relating to the issuance of an NOC to a generic company who did not have to send a Notice of Allegation first because they had cross-licenced their submissions.
20 Oct 2016
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