Intellectual Property

  • December 06, 2024

    No Charter breach when police warrantlessly searched text messages in ‘exigent circumstances’: SCC

    The Supreme Court of Canada has dismissed 6-3 an Ontario man’s appeal of his drug trafficking convictions, holding that his Charter rights were not breached because “exigent circumstances” justified police, without a warrant, using a cellphone they seized from a drug dealer to impersonate that dealer and continue his texting with the accused to arrange what police suspected to be a purchase of fentanyl-laced heroin.

  • December 06, 2024

    Sales of patented medicines in Canada soared to almost $20B in 2023, says review board

    Buoyed by high prices, sales of patented medicines in Canada last year totalled almost $20 billion — representing 47.3 per cent of the country’s entire medicines market, according to the 2023 annual report of the Patented Medicine Prices Review Board (PMPRB).

  • December 05, 2024

    FCA sets aside order for price information production of previously patented medicine

    The Federal Court of Appeal has allowed an appeal in a case related to the Patented Medicine Prices Review Board ordering a company to provide pricing information on its medicine six years after the patent expired.

  • December 04, 2024

    Copyright developments in the fall of 2024: Site-blocking orders

    The decision in Rogers Media Inc., v. John Doe 1​​​​​​, (No. 2) 2024 FC 1082, builds on recent decisions where the court has issued site-blocking orders to interrupt the infringement of copyright in the broadcast of live sports. In the previous cases, applicants obtained interlocutory injunctions, for a stated period, for live sports events of a single professional league, in proceedings begun as actions, against John Doe defendants. The orders included mandatory terms against ISPs named as third-party defendants who had committed no wrongdoing.

  • December 03, 2024

    Copyright developments in the fall of 2024

    In this blog entry, we deal with copyright developments in the last few months.

  • December 03, 2024

    Harnessing AI in wind energy: Risks, opportunities, and the role of contractual clarity

    The passage of Bill C-49 and amendments to Nova Scotia’s Accord Acts signal a significant opportunity for offshore wind energy investment in the province. As Nova Scotia strives to establish itself as a global leader in offshore wind, understanding how artificial intelligence (AI) can optimize operations and address project-specific risks is critical to success. Major investments are anticipated in the coming years, making it essential for stakeholders to explore AI-driven solutions to maintain competitiveness with leading jurisdictions.

  • November 29, 2024

    Canadian news publishers sue OpenAI over alleged copyright infringement

    A group of Canadian news publishers that includes Torstar, Postmedia, the Globe and Mail, The Canadian Press and CBC/Radio-Canada has filed a lawsuit against tech firm OpenAI, alleging that the company illegally used their news content to train its AI-based generative model, ChatGPT.

  • November 28, 2024

    Competition Bureau moves against Google for alleged anti-competitive conduct in online advertising

    Alleging that Alphabet’s Google has engaged in anti-competitive conduct in online advertising technology, Canada’s Competition Bureau is asking the Competition Tribunal to order Google to sell two of its advertising technology tools — the company's publisher ad server, DFP, and its ad exchange, AdX — and to direct Google to pay an administrative monetary penalty equal to three times the value of the benefit Google derived from its alleged anti-competitive practices (or if that amount cannot be reasonably determined, three percent of Google’s worldwide gross revenues).

  • November 27, 2024

    Law360 Canada Pulse survey: what lawyers really think about their profession

    Find out what lawyers really think about their profession in Law360 Canada Pulse’s Lawyer Satisfaction Survey.

  • November 26, 2024

    Law360 Canada Pulse survey: stress remains significant issue for lawyers

    A recent survey of the legal profession is showing high levels of satisfaction with things like collegiality and collaboration at their firms and opportunities for advancement, but there is one issue that continues to remain a problem and has no easy fix — stress.

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