As discussed in Allison McLean’s “Ch-ch-ch-ch-changes coming to the Trade-marks Act” June 5, 2014 post, significant changes to the Canadian Trade-marks Act were introduced in Bill C-31, the 2014 budget bill. While the most controversial aspect of the trade-mark provisions of Bill C-31 is the removal of the need to claim or declare use in […]
For the first time in some twenty years, Canada’s copyright law framework is set for the foreseeable future. Previous attempts (in 2005, 2008, and 2010) to update the country’s copyright legislation for contemporary realities were stalled or aborted due to the problematics of successive minority governments during the mid-2000s. After attaining a parliamentary majority in 2011, the […]
Bill C-31, the Economic Action Plan 2014 Act No. 1, which will legislate into law the federal government’s recent budget, includes amendments to a number of statutes. Of particular interest are the amendments to the Trade-marks Act (“TMA”). The changes would reverse what has been the fundamental basis of Canadian trade-mark law for over 150 […]
In the recent case of Cinar Corporation v Robinson, the Supreme Court of Canada considered the scope of copyright in a children’s television show. The defendants’ show, Robinson Sucroë, was, frankly, so similar in its essential elements to that developed by plaintiff Claude Robinson that few people, if any, were surprised by the Court’s finding […]
Susan Abramovitch, a partner at Gowling Lafleur Henderson LLP and the Head of the firm's Entertainment Law Practice, will be speaking on two panels this Saturday at Canadian Music Week (CMW) to discuss Canada's copyright regime and recent developments in Canadian music law and business, and their impact on the Canadian music industry. IP Osgoode had […]
When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]
The Federal Court granted an order compelling an internet service provider (ISP) to divulge the names and addresses of some 2000 account holders implicated in alleged copyright infringement over peer-to-peer (P2P) networks. This type of order is often associated with “copyright trolls” in other jurisdictions. However, in granting the order, Prothonotary Kevin Aalto attached conditions […]
In Part I of this series of blog posts, I discussed a position paper I submitted to the Hong Kong government as part of its public consultation on the treatment of parody under the copyright regime. This post continues from where the previous post left off. It discusses a forthcoming article I contributed to the Symposium on User-Generated Content under Canadian Copyright Law, which […]
BlackBerry is suing Ryan Seacrest’s iPhone keyboard case company Typo for patent infringement. The suit – which also alleges trade dress infringement, dilution, unfair business practices and unjust enrichment – has garnered headlines in Canada and the US.
While many Canadians were justifiably preoccupied with the athletic achievements and disappointments taking place at the Olympic Winter Games in Sochi, they may have overlooked the fact that Finance Minister Jim Flaherty released his 10th consecutive budget on February 11th, 2014. Budget 2014, entitled The Road to Balance: Creating Jobs and Opportunities, sets out the Government of […]