Diedrich v. Wolters Kluwer: An examination of disclaimer language in software agreements
Introduction The case of Diedrich v. Wolters Kluwer, 2024 WL 291156 (S.D.N.Y. 2024) (“Diedrich”), provides key insights into the interpretation and enforceability of disclaimer language in software agreements (e.g., software license agreements such as end-user license agreements or Software-as-a-Service (SaaS) […]
Advertising, marketing and trademark enforcement in the metaverse: What brand owners need to know
What is the Metaverse? The metaverse is a virtual world where users can interact with others, play, and purchase products through their avatars. Some of the more popular metaverse platforms available to the public include Meta, Fortnite, and Roblox, among […]
Essential legal due diligence for investing in AI companies: Top tips for investors and legal advisors
Introduction Investment banks and private equity firms are increasingly attracted to the potential of artificial intelligence (“AI”) companies as lucrative investment opportunities. However, the unique and evolving nature of AI technology and developing regulations demands comprehensive due diligence to evaluate […]
Officer and director liability for cybersecurity breaches: Canadian implications of the SolarWinds case
Facts With the continued prevalence of cybersecurity threats and the many times associated consequences of business interruption, reputational damage, personal data breaches, disclosure of confidential and proprietary information, as well as loss of revenue, it comes as no surprise that […]
Canadian Intellectual Property Office (CIPO) introduces new trademark examination service standards with a view to reducing prosecution delays
Effective January 1, 2024, CIPO has introduced new service standards for examination of trademark applications in Canada. The new service standards are intended to significantly reduce the timeline for examination of Canadian trademark applications and to enhance predictability for applicants. […]
ElevateIP: Everything you need to know about Canada’s newest funding program for Canadian startups
On November 23, 2023, the ElevateIP program launched in Ontario, Manitoba and Saskatchewan with the overarching goal of growing Canada’s economy by helping businesses innovate, protect and commercialize their intellectual property (IP). What is ElevateIP? ElevateIP is a federally funded […]
Intellectual Property Ontario (IPON) now accepting applications to fund Ontario innovators
Applications are now open for Intellectual Property Ontario’s (IPON’s) expanded intellectual property (IP) funding and education programs aimed at helping Ontario-based entrepreneurs, researchers and small and medium sized enterprises (SMEs) protect and commercialize their IP. What is IPON? IPON is […]
Government of Canada launches public consultation on the implications of generative artificial intelligence on copyright
On October 12, 2023, the Government of Canada launched an online, public consultation regarding Copyright in the Age of Generative Artificial Intelligence (AI). (Read the consultation paper.) A similar consultation was conducted by the Government of Canada in 2021; however, […]
U.S. Court holds that AI generated works cannot be copyrighted: Implications for AI generated works in Canada
Case Summary: Thaler v Perlmutter In a decision rendered on August 18, 2023 in the case of Thaler v. Perlmutter (“Thaler”), the U.S. District Court (for the District of Columbia) held that the U.S. Copyright Act requires human authorship and […]
Canadian Intellectual Property Office (CIPO) to significantly increase official fees on January 1, 2024
On January 1, 2024, the majority of official fees charged by the Canadian Intellectual Property Office (“CIPO”) will increase by 25% above the January 2024 CPI inflation adjustment. Fee Changes The fee increases will apply across the board (with limited […]
