Searching Content indexed under Licensing & Syndication by McCarthy Tétrault LLP ordered by Published Date Descending.
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Standing Committee On Finance Releases Recommendations On Canada's Anti-Money Laundering And Anti-Terrorist Financing Regime
Recently, the House of Common's Standing Committee on Finance released its report titled, "Confronting Money Laundering and Terrorist Financing: Moving Canada Forward" (the "Report").
6 Dec 2018
Watch Out: NPEs Are Coming To Canada!
NPEs, otherwise known as non-practicing entities, or pejoratively referred to by some as "patent trolls", have seen a significant negative impact on their business model south of the border.
5 Apr 2016
Canadian Trademark Law Adapts To Online Software Licence Sales
The online sale of a software licence constitutes a "use" in relation to a good for the purposes of Canadian trademarks.
30 Mar 2016
Ontario Court Declares That Bare Trademark License Agreement Is Not Subject To Franchise Disclosure Legislation
A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation
20 Aug 2014
Encryption Alert: New Permit for Exports and Technology Transfers to EU Plus Five Countries
On February 2, 2011, Canada's Export Controls Division (ECD) announced the availability of a new multidestination export permit for the export or transfer of information security goods and technology to the countries of the European Union (except Cyprus) and Australia, Japan, New Zealand, Norway and Switzerland.
9 Feb 2011
Intellectual Property — Copyright - Software Sale or Software Licence? US Appeals Court Draws the Line in Vernor v. Autodesk, Inc. Appeal
For software developers seeking to protect copyright in their works, a recent appeals court decision underscores the importance of carefully drafting shrink-wrap agreements so that those agreements are construed as licences and not sales agreements.
15 Nov 2010
Intellectual Property — Copyright - Federal Court of Appeal Dismisses Tariff 22.A Judicial Review Applications
In a decision impacting Internet Service Providers, online music services and copyright owners, the Federal Court of Appeal has held that a download of a music file from an online music service to a single user is a communication of the musical work to the public under the Copyright Act.
13 Nov 2010
Export Controls Alert: Canada’s Response to Liberalization of Controls on Ancillary Encryption
Canadian controls over the export or transfer of goods, software and technology containing or designed to work with encryption continue to present challenges for Canadian companies.
22 Jun 2010
OECD Report Issues Report On Counterfeiting And Piracy Of Tangible Products
A recent report from the Organisation for Economic and Co-operation and Development (OECD) confirms what has been known for a long time: that counterfeiting and piracy of tangible goods is a major impediment to global trade, and is only getting worse.
26 Feb 2010
US Court Of Appeals Upholds i4i’s Award And Injunction Against Microsoft
The United States Court of Appeals for the Federal Circuit released its decision in Microsoft’s appeal against Toronto-based i4i Limited Partnership.
16 Feb 2010
Tech Bills Die On The Order Paper With Prorogue Of Parliament
When Parliament was prorogued, a number of technology-related bills died on the order paper.
12 Feb 2010
The Patent Pendulum — Part 1
In the past 12 months, two significant decisions (one in Canada, the other in the United States) have the potential to dramatically recalibrate the scope of patent protection for so-called "business methods" (and possibly "software inventions" as well).
2 Dec 2009
Canadian Government Completes Consultations With Canadians On Copyright Reform
The Canadian government recently concluded a nation-wide consultation on copyright modernization.
26 Nov 2009
US Court Rejects File-Sharer’s Fair Use Defence
In Capital Records v. Tennenbaum, the US District Court for Massachusetts rejected the defendant file-sharer’s defence that his sharing of musical files over a peer-to-peer (P2P) network was a "fair use" that should insulate him from liability under the US Copyright Act.
26 Nov 2009
Responding To RFPs — Tips For Suppliers
Having explored the ways customers can improve their RFP processes in the past three editions of the TLQ, we now turn to look at the supplier side of the equation.
23 Nov 2009
New Protection For Licensees Of IP — BIA And CCAA Amendments Come Into Force
At long last, amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) have come into force, providing licensees of intellectual property (IP) with some additional level of protection.
19 Nov 2009
CRTC Shapes Canadian "Net Neutrality" Rules
The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued decisions to conclude two important Internet-related proceedings linked closely to concerns over "net neutrality".
28 Oct 2009
Production Of Pages From Social Networking Sites — If It’s Relevant, It Must Be Disclosed
In two Ontario cases, the courts considered whether the private contents of a Facebook® profile had to be produced in the context of litigation.
7 Aug 2009
Linking To Defamatory Comments Does Not Constitute Publication
The B.C. Supreme Court recently ruled that merely hyperlinking to defamatory material, without repeating the comments itself, does not amount to publication.
19 May 2009
Ten Ways To Avoid Destroying Value In Your Technology Company — Part III
In the last two editions, we discussed a number of ways technology companies can diminish their value, including failing to secure all copyrights, failing to patent inventions, carelessly giving away access to source code, and hastily granting exclusive distribution rights. In this edition, we look at legal compliance and shareholder issues — two areas where inattention can be costly.
19 May 2009
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