Taking an idea and turning it into an ideal commercial reality is both very challenging and at the same time very rewarding. It’s where the “rubber hits the road” as some would say. In this section you will find commentary, news and views on a wide range of IP and business related issues designed to provide guidance and insight on how to turn your intangible rights into tangible results.
The Art of Licensing: How to Leverage Intellectual Property Licenses
In today's dynamic business landscape, companies are increasingly recognizing the strategic value of securing intellectual property licenses. These agreements, where licensors grant others the right to use [...]
Best in Ottawa Awarded To Andrews Robichaud
We are thrilled to announce that Andrews Robichaud, our IP and business law firm based in Ottawa, has been recognized as one of the the "Best IP [...]
Court Defines Patentability Test for Computer-Implemented Inventions, Reaffirms Purposive Construction Approach
On June 17, 2022, in the case of Benjamin Moore & Co. v. Canada (Attorney General), 2022 FC 923 (hereinafter “Benjamin Moore”), Justice Gagné reaffirmed the Federal [...]
AR Spotlight – ReadLS: A Christmas Carol
A few weeks ago, we shone the spotlight on LSWorks and its development of its unique ReadLS online cognitive therapy program for teaching people with dyslexia and [...]
Supreme Court of Canada – Travelway Group International Inc. v Group III International Ltd.
Recently, the Supreme Court of Canada dismissed an application for leave to appeal in Travelway Group International Inc. v Group III International Ltd. With this dismissal, the findings [...]
Supreme Court of Canada Says No Mandatory Tariff in York University v Access Copyright
The unanimous judgment of the SCC in York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 decisively ends the question of whether Access Copyright [...]
12 Reasons why someone would enjoy creating, owning, buying and selling NFTs
As an intellectual property lawyer and business advisor, I have spent the last nine months doing a very deep dive into the world of non-fungible tokens (NFTs). [...]
The Evolution and Innovation of the Brand
What comes to mind when someone asks you about a brand or a trademark? The iconic brands of Coca Cola, Microsoft, Nike? Why are these brands so [...]
Canadian Trademarks Office (TMO) Update- Practice Notice on Extensions of Time in Examination and Section 44.1 Notice.
Update from the Canadian Trademarks Office - Practice Notice on Extensions of Time in Examination and Section 44.1 Notice. https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04736.html
Canadian Trademarks Office (TMO) – Update on Exclusionary Language Used in Office Actions
Canadian Trademarks Office - Update on Exclusionary Language Used in wording of Goods/Services in response to Office Actions In a Practice Notice dated July 19, 2021, The [...]
CIPO Updates – Expedited Trademark Examinations in Limited Instances
Expedited Examination in Limited Instances In view of ongoing extensive wait times in examination, the Trademarks Office announced on May 3, 2021 it will accept requests for [...]
COVID-19 Emergency Response Act Facilitates Compulsory Licensing
Under normal circumstances, licenses are granted by patentees, allowing others to make, use, or sell an invention under an agreed set of terms and conditions. On rare [...]
Copyright in Sports
Although copyright actions arise in many different fields, we don’t typically associate copyright with sports. Indeed, trademarks are most often used to protect sports logos and catchphrases. [...]
What Does the USMCA Mean for Trademark Law?
USMCA negotiations completed late last year with the parties signing it at the end of November. With it, the complete text of the agreement was released to [...]
Non-Traditional Trademarks – Scents and Taste
Earlier this year, the U.S. Patent and Trademark Office granted Hasbro, Inc. a trademark for the scent of its beloved toy modelling compound, Play-Doh. There is something [...]
The Ins and Outs of Influencer Laws
Celebrity endorsements and testimonials have long dominated in advertising campaigns, and for good reason. Celebrities provide a familiar face and an enviable lifestyle, whereas testimonials lend greater [...]
The Boomerang Effect: Reversionary Interest in Copyright
In Canada, it’s well established that copyright will generally last for the lifetime of the author, plus 50 years. Ownership in copyright can be transferred by way [...]
How Useful Must a Patent Be?
Patents can sometimes be difficult to obtain - they have strict requirements that must be followed. One of these requirements is "utility": a patent must be useful [...]
The Trade-mark, “Hello”
One of my favourite tools in the arsenal of Canadian trade-mark practitioners is the initiation of summary expungement proceedings. It is one of the most aggressive things [...]
“We have updated our Privacy Policy” – GDPR Compliance Beyond an updated Privacy Policy
Your business, we’ll call it Privacy Co., operates out of Kingston, you sell product almost exclusively to the United States and now a European Union (EU) privacy [...]
Ante Up!
A recurring theme came out of the 2018 INTA Annual Meeting in Seattle for me. With a background in management science and half a decade of operations [...]
Accredited Investors and Prospectus Exemptions – Do Your Due Diligence!
In my previous article I referenced the fact that a company (an “issuer”) seeking to raise money without a broker could rely on the private issuer exemption [...]
DIY Trade-marks
I am a big believer in a person having agency over their own life and decisions: that nearly anyone can do anything if they put their mind [...]
Raise Your Glass to Patent Law this St. Patrick’s Day!
The taste, the look, the intellectual property! On St. Patrick’s Day, Guinness® draught beer will be enjoyed in over 150 countries around the world. Happy beer drinkers [...]