Knowledge

Copyright, Litigation, Trademark

Exclusionary Rights in Useful Articles: Corocord et al v. Dynamo

In today’s competitive marketplace, the right to prevent a competitor from replicating a consumer product can be tremendously valuable.
In the recent Federal Court decision in Corocord Raumnetz GmbH and Kompan A/S v. Dynamo Industries Inc., 2016 FC 1369, the Court had the opportunity to consider exclusionary rights in useful articles in the context of the Canadian Trademarks Act and Copyright Act. Read More

Litigation, Trademark

Can You Trademark a Place Name? New Practice Guidelines in Place

In view of the recent Federal Court of Appeal decision in MC Imports Inc v Afod Ltd., 2016 FCA 60, the Canadian Trademarks Office has recently put in place a new Practice Notice to clarify the legal test when dealing with cases involving geographic place names. Read More

Cannabis, Intellectual Property, Plant Breeders' Rights, Trademark

How the marijuana industry will boost Canadian innovation

The federal government tabled legislation last week that is expected to legalize the production, distribution and sale of cannabis in Canada by July 1, 2018. In response to the news of this proposed legislation, shares in Canadian marijuana stocks jumped several percentage points – and rightly so. Read More

Industrial Design

Colour as a Registrable Design Feature of an Industrial Design

On January 16, 2017, the Canadian Industrial Design Office issued a Practice Notice stating that that colour may form part of a combination of features that constitute a design. Colour by itself is not considered to fall within the definition of a design.
In the case of an application for registration of a design that includes colour as a feature, the description Read More

Intellectual Property, Patent

Canada has work to do to stand out as an innovation economy

In his speech at the World Economic Forum in Davos, Switzerland, last month, Prime Minister Justin Trudeau emphasized five key points as the basis of a fourth industrial revolution: education, infrastructure, innovation, population diversity and public-private investment. Make no mistake – the knowledge economy is here to stay. Or, as Mr. Trudeau put it: “What it takes to grow and prosper isn’t just what’s under our feet, it’s what’s between our ears.” Read More