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What Do You Mean I Don’t Own My Own Logo? A parable for many business owners on how to make sure you actually own the logo you have used for years By Ken Clark and Sarah Newman Nov 19, 2018 The plaintiff in the recent Federal Court case, Milano Pizza Ltd. v. 6034799 Canada Inc., thought that it owned the copyright in the logo it had franchised for years. It thought wrong. While the case appears to be infighting in a franchise system, the copyright aspects of the case are interesting...

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Will the EU Copyright Directive Break the Internet? By Ken Clark and Monica Carinci Nov 12, 2018 On September 12, 2018, the European Union passed a proposed directive on copyright in the Digital Single Market. Once the European Parliament, the European Commission and the Council of the European Union agree on a final form of the directive, member states will be required to amend their own la...

Posted in: Artificial Intelligence

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More on (Or Moron?) Artificial Intelligence By Donald B. Johnston Nov 09, 2018 I blathered on, in a series of blog articles that no one apparently read, concerning the wonders of artificial intelligence and how it will transform the world we live in, bring in a glorious new day and make us all kings and queens in our own domains, etc., etc. Now I want to make a pitch for so...

Posted in: Sports

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The Power of Sport By Paige Backman Nov 08, 2018 Sport’s power is stunning. Its ability to unite, inspire inclusivity, promote global health and strive for equality and peace beyond political borders can be unparalleled. I’ve been blessed to be a part of global initiatives that bring together world leaders in sport, faith and business to help m...

Posted in: Intellectual Property

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IP Budget 2018 – Changes to Canada’s IP laws By Ken Clark and Brandon Carter Nov 07, 2018 On October 29th, 2018, Canada’s federal government tabled an omnibus budget implementation bill, entitled the Budget Implementation Act, 2018, No.2. At over 800 pages long, it amends dozens of existing federal laws, creates various new government departments, and includes new statutes in their en...

Posted in: Intellectual Property

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Get into the Octave-gon with the New MMA By Ken Clark and Matthew Helfand Oct 16, 2018 Last week, the White House signed into law the Music Modernization Act, bringing American copyright law further into the digital age. The MMA offers several key updates to the copyright regime in the United States. This article provides a few highlights.

Posted in: Court Decision | SLAPP

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SLAPP Fight! Ontario Court of Appeal Clarifies SLAPP Legislation By Ken Clark and Matthew Helfand Oct 10, 2018 On August 30, 2018, the Ontario Court of Appeal released six decisions involving Ontario’s anti-SLAPP legislation. The six appeals were heard together. These decisions present a roadmap of the ambit of the new anti-SLAPP law.

Posted in: Cryptocurrency | ICO

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Tales from the Crypt(ocurrency) By Ken Clark and Matthew Helfand Oct 09, 2018 The cryptocurrency fad has started to enter the legal mainstream. Unusually, this has happened in the context of a mysterious death. In a case of a mistaken transfer of cryptocurrency tokens, the British Columbia Superior Court has ordered that the tokens be traced so that they can be returned t...

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Court of Appeal Sends “Stairway to Heaven” Back to Trial By Ken Clark and Brandon Carter Oct 02, 2018 On September 28, 2018, the 9th U.S. Circuit Court of Appeals in San Francisco gave out a “whole lotta love” when it ordered a new trial in a lawsuit accusing Led Zeppelin of copying an obscure 1960s instrumental by the band Spirit for the intro to its classic 1971 rock anthem "Stairway to Heaven....

Posted in: Intellectual Property

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Big Changes Coming to Canadian Patents When USMCA Replaces NAFTA By Erica L. Lowthers, PhD Oct 01, 2018 Late Sunday night, an agreement was reached to replace the North American Free Trade Agreement with the United States-Mexico-Canada Agreement. This agreement has significant implications for patent and data protection in Canada and is expected to come into force in the second half of 2019.

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Legal Tech: Key Takeaways from a Unique Secondment from Aird & Berlis LLP to Diligen, a Legal Tech Company By Aaron Baer Sep 05, 2018 Aaron Baer recently completed his secondment with Diligen, a Toronto-based legal tech company. His well-publicized secondment with a startup that provides artificial intelligence technology for due diligence and contract review was the first known secondment between a leading law firm and a legal...

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First Cannabis-Related Patent Infringement Case Filed in the United States By Kimberly A. McManus, PhD, Pia-Lauren Reece, PhD and Brandon Carter Aug 24, 2018 The first cannabis-related patent infringement case is on the books in the United States which will address this very issue. On July 30, 2018, United Cannabis, a biotechnology company specializing in medicinal cannabis, has filed a complaint for infringement of U.S. Patent No. 9,730,911 in the U....

Posted in: Intellectual Property

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The Dangers of Discount Patent Services - You Get What You Pay For By Ken Clark and Monica Carinci Aug 22, 2018 In the recent Superior Court of Quebec case Bérubé C. - Federation of Inventors of Quebec, 2018 QCCS 3459, dated August 2, 2018, the Court granted a certification for a class action against the Federation of Investors of Quebec and its founder, president and sole director Christian William Varin....

Posted in: Intellectual Property | Blockchain

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The Ultimate Blockchain Patent Teardown Why blockchain applications are patent-eligible By Tony Sabeta, B.Eng. Aug 15, 2018 As a patent practitioner, one of the questions I often get asked is whether distributed ledger technology (DLT), such as blockchain, is patentable. I naturally respond in the affirmative (with some qualifiers of course), and inevitably there is a deluge of follow-up questions and statements such...

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Federal Government Invests Heavily in a New Cyber Security Strategy By Paige Backman and Ara Dungca Aug 09, 2018 A few weeks ago the Canadian federal government released a new National Cyber Security Strategy backed by more than 500 million dollars in committed funding from Budget 2018. Thus far, it is the largest investment in cyber security by any Canadian government. Despite the fact that the National C...

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The Value of a Copyrighted Photograph Is Not Necessarily in the Eye of the Beholder By Ken Clark and Stan Fedun Jul 19, 2018 In the May 2018 decision, Gaudreau c Néomédia inc., the Québec Small Claims Court considered the amount of damages to award for the unauthorized use of a copyrighted photograph.

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GDPR Now in Force Has Worldwide Reach By Paige Backman and Ara Dungca Jun 19, 2018 The General Data Protection Regulation was implemented on May 25, 2018. While it officially only affects European citizens, it has worldwide effects. As discussed previously on The Spotlight, any organization offering goods or services to residents of the European Union are expected to comply wit...

Posted in: Intellectual Property

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Quebec Court Denies Exclusive Use Of Geographic Location in Car Dealership’s Name By Stan Fedun and Ken Clark Jun 18, 2018 In the recent Superior Court of Quebec decision, 7531877 Canada ltée (Buckingham Chrysler, Jeep, Dodge) c 9531025 Canada Inc. (Buckingham Chevrolet Buick GMC), dated May 17, 2018, the plaintiff alleged that the defendant engaged in false advertising (name appropriation) by using “Buckingham” in i...

Posted in: Artificial Intelligence

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Legal Tech and the Changing Legal Services Industry Weekly Update - June 8 By Aaron Baer Jun 08, 2018 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.

Posted in: Artificial Intelligence

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Legal Tech and the Changing Legal Services Industry Weekly Update - May 29 By Aaron Baer May 29, 2018 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law. It also provides details about two upcoming events that may be worth checking out!

Posted in: Artificial Intelligence

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Legal Tech and the Changing Legal Services Industry Weekly Update - May 22 By Aaron Baer May 22, 2018 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law. It also provides details about two upcoming events that may be worth checking out!

Posted in: Artificial Intelligence

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Legal Tech and the Changing Legal Services Industry Weekly Update - May 15 By Aaron Baer May 16, 2018 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law. It also provides details about two upcoming events that may be worth checking out!

Posted in: Intellectual Property

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Certificates of Supplementary Protection for Canadian Pharmaceutical Patents By Kitt Sinden, M.Sc. May 15, 2018 Patents granted in Canada have typically carried a 20-year term of protection from the date of filing, regardless of the time taken to be examined and granted by the Patent Office or for the underlying products to be approved by regulatory agencies. However, since September 2017, as part of conce...

Posted in: Artificial Intelligence

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Legal Tech and the Changing Legal Services Industry Weekly Update - May 8 By Aaron Baer May 08, 2018 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law. It also provides details about two upcoming events that may be worth checking out if you're in the area!

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