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By Ashley Dumouchel,
Copyright, Litigation

The “Every House Needs a Toilet” Argument Goes Down the Drain

Over the past decade or so, the attitude of Canadian courts towards borderline utilitarian copyrighted works has shifted towards recognition of the skill and judgment that makes such works subject to copyright.
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By Ashley Dumouchel,
Litigation, Trademark

Trademark Basics: “Use in Canada” Filing Basis

Major changes to the Canadian Trademarks Act are expected to be implemented in 2019, including the removal of “use” as a registration requirement. Until then, trademark applicants must select a filing basis for their application which can include, inter alia, use in Canada.
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By Katie Wang,
Litigation, Patent

Promise Doctrine Rejected by the Supreme Court of Canada

On June 30, 2017, the Supreme Court of Canada released its highly anticipated landmark decision in AstraZeneca Canada Inc. v. Apotex Inc. (2017 SCC 36) in which it considered the so-called “promise doctrine”. The Supreme Court of Canada has found the “promise doctrine” to be “unsound”, “not good law” and “incongruent with both the words and scheme of the Patent Act.”
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By Aventum IP Law,
Trademark

Upcoming Changes to Canada’s Trademarks Act

Canada will be making substantive changes to its trademark laws. The Canadian Intellectual Property Office has confirmed that it now plans to implement the amendments to the Trademarks Act in early 2019 and has just released the proposed changes to the Regulations which are required in order to facilitate the implementation of the amendments.
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By Ashley Dumouchel,
Intellectual Property

Canada’s anti-spam laws are changing

Canada has implemented anti-spam legislation that affects the sending of commercial electronic messages (CEMs) to and from Canadians. This legislation affects organizations both inside of Canada and out – if a foreign organization is sending commercial or promotional information to Canadian recipients electronically, such communication is covered by the legislation.
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