IP Perspectives

Copyright Modernization Act sections now in force

On November 7, 2012, the majority of the provisions of the Copyright Modernization Act came into force.

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Counterfeit luxury products: not simply a question of trademark infringement

Deterring counterfeiters is especially important to luxury brand owners. For this reason, brand owners should always keep in mind that augmented damage awards may be available when seeking concurrent relief for copyright infringement as well as trademark infringement.

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From iTunes to the classroom — the Supreme Court of Canada cements fair dealing as a "user's right"

The Supreme Court of Canada has recently affirmed the broad and liberal interpretation to be applied to the fair dealing provisions in the Copyright Act as a "user's right" in two recent decisions, one related to free previews of musical works on a commercial website such as iTunes and the other concerning the copying of short excerpts from textbooks by teachers to provide to students as part of class instruction.

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Circumvention of Technological Protection Measures (TPMs) prohibited

While Technological Protection Measures have evolved over the years, they have been routinely circumvented by individuals seeking profit or seeking a challenge. As a result, the legality of circumventing TPMs has become a major point of contention.

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Recent decisions provide guidance for the determination of whether a representation in an advertisement is misleading

The determination that a representation in an advertisement is misleading can be difficult, particularly given that advertisers often use disclaimers. Two recent decisions have provided assistance in clarifying the test for determining if a representation is misleading and when disclaimers are sufficient to overcome a misleading representation claim.

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Federal Court interprets ambiguous licensing terms in favour of common usage in licensee's industry

Contra proferentem traditionally protects the vulnerable party to an agreement by providing that ambiguous terms in a contract be interpreted against the interests of the party who insisted upon them. Nevertheless, the Federal Court recently signalled its reluctance to invoke the doctrine in Catherine Leuthold v Canadian Broadcasting Corporation, 2012 FC 748, even for clearly weaker parties.

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Updating the online services of the Canadian Intellectual Property Office — a work in progress

The Canadian Intellectual Property Office (CIPO) is in the process of updating and redesigning their online filing and prosecution services, beginning with copyright applications, followed by industrial design applications, and eventually trademark and patent applications. Their goal is to have updated online services available for filing and prosecuting copyright and industrial design applications by the end of July 2013. Redesigning and expanding the corresponding online services for trademark and patent applications is a longer term project.

 

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RANKINGS AND RECOGNITIONS

Smart & Biggar/ Fetherstonhaugh is proud to have been recognized with four prestigious awards by the U.K. publication Managing Intellectual Property (MIP)
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Firm dominates in IAM Patent 1000 – The World's Leading Patent Practitioners 2012
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Smart & Biggar/ Fetherstonhaugh dominates the rankings in IP law in the 2012 edition of The Canadian Legal Lexpert® Directory
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Firm achieves top ranking in the International
Who's Who of Patent Lawyers
2012 edition
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Smart & Biggar/ Fetherstonhaugh named a leading firm in the 2012 edition of the PLC Cross-border Life Sciences Handbook
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Smart & Biggar/ Fetherstonhaugh tops WTR 1000 rankings and is recognized as a "trademark powerhouse"
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Smart & Biggar tops the rankings in Chambers Global — The World's Leading Lawyers for Business – "A really great IP boutique"
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Smart & Biggar/ Fetherstonhaugh recognized as "the biggest and deepest IP shop in Canada" by Benchmark Litigation Canada 2012
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ANNOUNCEMENTS

John Bochnovic elected President of the International Association for the Protection of Intellectual Property (AIPPI)
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Daphne Lainson named among Canada's Leading Lawyers Under 40
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James D. Kokonis honoured as a Member of Distinction by the Intellectual Property Institute of Canada (IPIC)
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Smart & Biggar/ Fetherstonhaugh welcomes new associates
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Firm congratulates newest patent agents
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SEMINARS AND PRESENTATIONS

Learn more about our professionals' most recent speaking engagements
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To offer your feedback on this newsletter or any of its articles, please contact:

 
Editors

 

 

Elliott S. Simcoe

Christine N. Genge

 

 
Associate Editors

 

 

Jeff Leuschner

Cheryl M. Ng

Mark Pidkowich

DISCLAIMER

The preceding is intended as a timely update on Canadian intellectual property law. To request a copy of any decision, paper or legislative document, or for more detailed information or to make suggestions, kindly contact an author of the relevant article or the editors, Elliott S. Simcoe or Christine N. Genge. The contents of this newsletter are informational only and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly. To join the IP Perspectives mailing list, be removed from the mailing list or make changes to contact information, please send an email to ipperspectives@smart-biggar.ca.

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