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New Bill C-86 Introduces Many More Changes To IP Laws
On October 29, 2018, the Canadian Government introduced Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27
9 Nov 2018
USMCA v NAFTA: What's Changed And What It Means For IP In Canada
NAFTA came into force on January 1, 1994, creating what was at that time the largest free-trade region in the world.
3 Oct 2018
Media Pirates Walk The Plank: Extraordinary Remedies Against Copyright Infringers In Canada
In most jurisdictions, copyright owners often face numerous challenges when seeking to enforce their rights against media pirates.
6 Jun 2018
Federal Court Of Appeal Approves Website Seizure And Anton Piller Order Against Online Copyright Piracy Platform
On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites ...
27 Feb 2018
Canada Introduces Reporting Mechanism For Dangerous Counterfeit Goods, Helping Rights Holders Protect Their Brands At The Border
Recently, the Canada Border Services Agency (CBSA), the federal organization responsible for policing Canada's borders, issued a Customs Notice (CN17-27) to advise the public and rights holders...
27 Sep 2017
The New Frontier For Global IP Litigation
2017 has been a banner year for IP litigation in Canada.
22 Sep 2017
Structural Engineers Score Big As Federal Court Recognizes And Enforces Copyright On Structure Of Soccer Complex
On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825...
22 Sep 2017
Federal Court Of Appeal Upholds Interlocutory Injunction Directed At Retailers Of Set-Top Boxes Loaded With Copyright-Infringing Applications
As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or "pre-loaded", with various applications that provide their users with unauthorized access to copyrighted television content.
21 Mar 2017
Nintendo Awarded $12.7 Million For Circumvention Of Technological Protection Measures In Precedent-Setting Case
This is the first time the Federal Court has considered circumvention of TPMs on the merits.
3 Mar 2017
Canadian IP Law And Practice In 2016: Reviewing The Highlights
As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year.
11 Jan 2017
Online Copyright Enforcement Gone Wrong – How To Get it Right
An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada's "Notice and Notice" copyright legislation, accusing the senior citizen of piracy and demanding that she pay an undisclosed settlement or risk a fine of up to $5,000.
22 Dec 2016
Lights. Camera. Legal Action! Jury Finds Iconic ‘Jersey Boys' Musical Infringes Copyright
The creators of the hit Broadway musical Jersey Boys have been found liable for copyright infringement by a Nevada Federal Court jury.
13 Dec 2016
The State Of IP In Canada
The Canadian Intellectual Property Office has issued a report entitled IP Canada Report 2016, discussing trends in IP use domestically, and by Canadians abroad, based on analysis of CIPO's internal data and those collected by the World Intellectual Property Organization.
23 Nov 2016
Competition Tribunal Weighs ‘Abuse Of Dominant Position' Provision Against Privacy And Copyright Protection
The role of the Competition Act is to maintain and encourage competition in Canada, in part to ensure that small and medium-sized enterprises have the opportunity to participate in the Canadian economy and to provide consumers with competitive prices and choices.
1 Nov 2016
Federal Court Issues Interlocutory Injunction Directed at Retailers of Set-Top Boxes Loaded With Copyright Infringing Applications
On June 1, 2016, Madam Justice Tremblay-Lamer of the Federal Court issued an interlocutory injunction against retailers of set-top boxes that are configured, or "pre-loaded", with various applications that provide their users with unauthorized access to copyrighted television content.
8 Jun 2016
Smart & Biggar/Fetherstonhaugh Honoured By Managing Intellectual Property As Both The "Canadian Specialty IP Firm Of The Year" And The "Canadian Trademark Contentious Firm Of The Year"
The firm was chosen as the 2016 Canadian Specialty IP Firm of the Year and as the Canadian Trademark Contentious Firm of the Year.
21 Mar 2016
Looking Back On 2015 In Canadian IP Law And Practice
With 2015 behind us and a new year ahead, we have selected our top 10 highlights from Canadian IP law and practice in the past year.
18 Jan 2016
Federal Court Of Appeal Upholds But Limits Scope Of Leading Decision On Metatags
In the recent decision of Red Label Vacations Inc v 411 Travel Buys Limited, the Federal Court of Appeal appears to have made a distinct effort to limit the scope of the trial judge's ruling that copying of metatags, including third party trademarks, did not constitute copyright or trademark infringement.
18 Jan 2016
New Guidance On The Role Of The Canada Border Services Agency In Combating Counterfeiting And Piracy At The Canadian Border
Implementation of the enhanced system to combat counterfeiting at the Canadian border continues. On January 1, 2015 provisions came into effect which provide Canada customs authorities with the ability to detain suspected counterfeit or pirated products ..
8 Dec 2015
Supreme Court Of Canada Affirms Principle Of Technological Neutrality In Canadian Copyright Law
On November 26, 2015, the Supreme Court of Canada issued a 7-2 split decision affirming that even incidental copies of a work made to facilitate broadcasting will engage the reproduction right and require a license.
1 Dec 2015
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