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The Combating Counterfeit Products Act  (CCPA) implemented the border enforcement regime. It provides the Canada Border Services Agency (CBSA) with the authority to act against the commercial movement of counterfeit goods at the border and adds new criminal offences relating to counterfeit goods. It also allows rights holders to file a request for assistance with the CBSA, in turn, enabling border officers to share information with them regarding suspect shipments. The regime

Section 22 makes another statutory right available to the owner of a registered trademark in addition to the right to claim infringement....

The Federal Court of Appeal has firmly stated the law concerning the standard of review on appeals to it, the liability of directors and...

A decision of the U.K. Intellectual Property Enterprise Court deals with the copyright in a label of a bottle of wine and an importer’s...

The UK Supreme Court, the U.K. highest court, has confirmed that trademark infringement because of post-sale confusion is a viable cause...

The Facts  The University of British Columbia (UBC) is the registered owner of the trademark SAGE & Design Mark, as shown below: for use...

Generative Artificial Intelligence The US Copyright Office released a Report on Copyright and Artificial Intelligence Part 3: Generative...

The Requirement to Show Use To succeed in action for infringement relying on section 19 or 20 of the Act, the plaintiff must show that...

This month we are continuing the discussion about infringement. There is an additional statutory right to claims under sections 19 and 20...

As stated in a recent decision of the Federal Court, when is a TOYOTA bumper no longer a TOYOTA brand product? According to the...

A recent decision of the U.K. Court of Appeal raises interesting issues concerning industrial design registrations. Safestand Ltd v...

The Background  Often in response to an opposition the applicant causes a separate proceeding(s) to be brought under section 45 of the...

A recent decision of the Trademark Opposition Board illustrates how a brand owner can use opposition proceedings to protect the...

This month we are dealing with a new topic-infringement. There are two sections in the Trade-marks Act  dealing with this topic. First,...

This month we discuss the standard of review on these appeals.  The Supreme Court of Canada has specified a new framework for determining...

A decision of the Federal Court emphasizes the importance of clinical precision in asserting a claim for copyright infringement. ITP SA...

Recent decisions in the Federal Court deal with the scope of the implied undertaking rule. The Rule  The basic rule is that where a party...

In this blog entry we deal with copyright developments in the last few months. Online News Act After the completion of a public...

An appeal lies from a decision of the Hearing Officer on behalf of the Registrar to the Federal Court within two months from the date on...

This month we outline   the procedures for resolving trademark oppositions including written argument, hearing, decision, and costs....