Intellectual Property
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July 15, 2024
Ontario AI legislation is in need of significant amendment, law commission says
Law reform advocates are calling on the Ontario government to amend its recently introduced legislation on cyber security and artificial intelligence (AI), saying it falls short of principles the province has already adopted when it comes to the use of such technology.
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July 10, 2024
PATENTS — Defences to infringement — Lack of essential element
Appeal by appellants from dismissal by federal court of its patent infringement action on motion for summary trial against respondent. The appellants claimed that the respondents infringed their 085 patent for a floating liquefied natural gas (LNG) facility by using the patented invention.
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July 09, 2024
Due diligence tips for investing in AI companies
Investment banks and private equity firms are increasingly captivated by the lucrative potential of artificial intelligence (AI) companies. However, the dynamic and complex nature of AI technology, alongside the continuously evolving regulatory landscape, demands meticulous due diligence to thoroughly understand the potential risks and benefits. Specialized legal due diligence, focusing on the unique characteristics of AI companies, is vital for an accurate evaluation of these investment opportunities.
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July 08, 2024
Importance of being the first to use a trademark
A recent decision of the Federal Court illustrates the importance of being the first to use a trademark (F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. v. Galperti SRL, 2024 FC 976).
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July 08, 2024
Alarm company mishandled breach complaints, but no ‘real risk of significant harm’: Commission
The Office of the Privacy Commissioner of Canada (OPC) recently published its Report of Findings following an investigation into Company Home, an alarm-monitoring company that works with authorized dealers to sell the systems to customers.
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 03, 2024
Federal right to repair consultation period open until September
The federal government is inviting Canadians to comment until Sept. 26 on its proposed right-to-repair legislation, Bill C-244, which is currently at the committee stage in the Senate.
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July 02, 2024
From clicks to courtroom: Leveraging web data in disputes, part three
Google Analytics (GA) is widely recognized as a tool for digital marketing and website optimization, but its potential in the legal field remains largely untapped. Vast amounts of data collected by this web analytics tool carry significant potential for uncovering valuable insights and evidence. As technology continues to evolve, lawyers need to ensure that their experts are aware of the potential and limitations of tools like GA to stay ahead in an increasingly data-driven legal landscape.
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July 02, 2024
Consequences of being first link in the chain of distribution
Patagonia, Inc. caused the registrar to issue a notice under s. 45 of the Trademarks Act, requiring Labatt Brewing Company Limited to show use of the trademark during the three-year period before the issuance of the notice (Patagonia, Inc. v. Labatt Brewing Company Limited, 2024 FC 920).
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June 28, 2024
CRTC seeks comments on exempting Google from mandatory bargaining under Online News Act
The Canadian Radio-television and Telecommunications Commission (CRTC) has launched a public consultation with respect to Google’s application for an exemption from a mandatory bargaining process to compensate news organizations for distributing their content, according to a release.