In the summer of 2012, the Supreme Court of Canada created history by simultaneously releasing five copyright judgments: Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada [ESA],[1] Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada [Rogers],[2] Society of Composers, Authors and Music Publishers of Canada […]
Online music streaming services have had a difficult year despite their increasing popularity. The problems services are experiencing south of the border may have an effect on how and when these services enter the Canadian market.
The World Intellectual Property Organization (WIPO) has rejected the Legal Rights Objection (LRO) of the Canadian Real Estate Association of Ottawa to the registration of the generic Top Level Domain (gTLD) .mls by Afilias Limited. While the WIPO Panel acknowledged that while the Association possesses a valid legal right to the term "MLS", they found it was […]
On July 13, 2013, the New York Times published an article on Erich Spangenberg's business enterprise, IPNav, which is considered to be one of the largest Patent Assertion Entities (“P.A.E.s”) in the world. Analyzing the business model of P.A.E.s is important to understanding the legal limits of these entities.
Just after the adoption of Bill C-11,[1] the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy.[2] The pentalogy, like its three-legged predecessor, marked a significant shift in Canadian copyright policy. The five cases dealt in one form or another with collective […]
Is a podcast analogous to a cassette tape recording of a magazine article? Jim Logan of Personal Audio thinks that it is, and that it thereby infringes his patent.
A little over a week ago, the Fraser Institute, a prominent and independent Canadian public policy think tank, released a report calling for a strengthening of intellectual property protection for pharmaceuticals in Canada. The report claims that the changes would produce an increase in trade opportunities and access to foreign markets that would generate an […]
On July 16, 2013, the Federal Court released its decision granting the largest award of damages for patent infringement in Canadian history. In Merck & Co., Inc. v. Apotex Inc. (2013 FC 751) (“Merck”), Justice Snider found that Merck is entitled to over $119 million in damages, plus interest, for Apotex’s infringement of Merck’s patent […]
For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) – in collaboration with experts from all over the world – has examined the trend of bilateral and regional agreements that include provisions on the protection and enforcement of intellectual property (IP) rights.
The verdict is in for the lengthy European trade-mark battle between British flower competitors Marks and Spencer (M&S) and Interflora regarding Google AdWords and trade-mark infringement. Victory goes to the trade-mark holder, Interflora.