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 […]
Privacy prevails: The Supreme Court of Canada’s landmark decision regarding IP address privacy
On March 1, 2024, the Supreme Court of Canada released its decision in R v Bykovets, finding that IP addresses attract a reasonable expectation of privacy. Accordingly, corporations should take note that they have no legal obligation to provide the […]
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 […]
Changes in Canadian practice for section 45 and opposition proceedings as of December 1, 2023
Significant changes to the practice notices issued by the Trademarks Opposition Board (“TMOB”) “Practice in section 45 proceedings” (the “Section 45 Practice Notice”) and “Practice in trademark opposition proceedings” (the “Practice Notice for opposition proceedings”) came into effect on December […]
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 […]
Quebec is ready to play: Quebec puts an end to contest laws
It is not uncommon to see a contest or sweepstakes open to Canadian residents that excludes Quebec residents from participating. However, this may start changing. On October 27, 2023, Quebec repealed their rules regarding contests and sweepstakes that are open […]
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 […]
