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Supreme Court of Canada
SOCAN v ESA: Royalties in the Age of Streaming
A Win for Users’ Rights: Supreme Court Finds Access Copyright Tariff Not Mandatory and End-User Perspective Must be Considered in Fair Dealing Analyses
The Fairest of Them All: Justice Abella’s Legacy in Canadian Copyright Law
Leading Legal Disruption: Artificial Intelligence and A Toolkit for Lawyers and the Law
Don’t Tread on Me (or My ISP): Rogers v Voltage Pictures
Don’t Tread on Me (or My ISP): Rogers v Voltage Pictures
I’m sure you’ve never accessed material online without proper permissions from the copyright holder, but, given the number of them that go out, chances are you or someone you know (or their spam folder) has received an email along the following lines: [Your ISP] has received a notice from a content owner that alleges an […]
Broken Promises: Utility Standards and Patent Applications in Canada
Broken Promises: Utility Standards and Patent Applications in Canada
The last day of June 2017 saw the Supreme Court of Canada (SCC) quash the controversial Promise Doctrine. The issue at hand in AstraZeneca Canada Inc v Apotex Inc was whether the Promise Doctrine should be held as the correct standard of utility under the Patent Act. The SCC’s ruling finds the Promise Doctrine unsound […]
Congratulations to the Hon. Marshall Rothstein on His Appointment as a Companion of the #OrderofCanada!
Congratulations to the Hon. Marshall Rothstein on His Appointment as a Companion of the #OrderofCanada!
Our warmest congratulations to the Honourable Marshall Rothstein, CC, QC, who has been appointed a Companion of the Order of Canada in the honours list issued from Rideau Hall today.
CBC v SODRAC Episode III: Oral Arguments Heard at the SCC
CBC v SODRAC Episode III: Oral Arguments Heard at the SCC
On March 16th, the Supreme Court of Canada (SCC) heard oral arguments in CBC v SODRAC . The SCC granted leave to appeal from the Federal Court of Appeal (FCA) decision back in September, which originally stemmed from a 2012 Copyright Board (the “Board”) decision. The issue centers on whether broadcasters should be required to pay […]
Promises That Can Kill: An Update
Promises That Can Kill: An Update
Under the Patent Act, an invention must be useful to be patentable. While in Canada the inventor does not need to describe the utility of the invention in the patent, where the patent makes a promise of utility, utility is measured against that promise. If the inventor does not make an explicit promise of a […]