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By Aventum IP Law,
Copyright, Intellectual Property

Navigating an ‘excessively formalistic’ copyright regime

The Canadian Copyright Act requires that all assignments of, and grants of interest by licence in, a copyrighted work must be in writing and signed by the copyright owner or the owner’s authorized agent.
In cases where an author did not execute an assignment document but intended to assign copyright, courts have still traditionally refused to impose equitable assignments, given the clear wording of the legislative provisions.
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By Ashley Dumouchel,
Copyright, Litigation

New anti-counterfeiting measures in Canada

Canada has long been criticised for its policies regarding combating counterfeit goods, and especially regarding the border enforcement of intellectual property. The recent proclamation into force of certain provisions of the Combating Counterfeit Products Act (CCPA) on 1 January, however, gives trademark and copyright owners a relatively straightforward mechanism for combating infringing goods at the border.
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By Ashley Dumouchel,
Copyright, Litigation, Trademark

New protections in Canada

Canadian trademark practitioners remain, for the most part, focused on the coming changes to our trademark legislation as we join the Madrid, Nice and Singapore Treaties.
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By Aventum IP Law,
Cannabis, Plant Breeders' Rights

IP and Canada’s booming medical marijuana industry

In the spring of 2014, the Canadian government loosened restrictions on the commercial exchange of medical cannabis, ushering in what some would call a ‘free market’ for the product.
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By Ashley Dumouchel,
Intellectual Property, Litigation, Trademark

Is Canada going to join the Madrid system, and what needs to be done before it can?

Canada recently took a significant step towards implementation of the Madrid Protocol when Bill C-31, the Economic Action Plan 2014, No. 1, received Royal Assent in June 2014. After having tabled five intellectual property (IP) treaties in January 2014, the Government of Canada moved swiftly with the introduction of implementing legislation in Parliament in March.
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