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Scope of Employment
Copyright has several rules which apply automatically. If an employee creates a work in the scope of employment, and absent an agreement to the contrary, the employer is the first owner of the...
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Patent Publication Dates
Once a patent is granted, it can be asserted in litigation against an alleged infringer. One of the remedies that can be obtained is “reasonable compensation” for pre-grant infringement pursuant to...
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Caught Between a Rock and a Hard Place: Research Libraries, AI Research and...
Research libraries are integral to scholarship, scientific discovery and economic innovation. A foundational element of this support is providing access to extensive collections of scholarly content —...
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What’s an Author to Do? Shadow Libraries in the Age of AI.
On March 6th, a prominent group of publishers including the 5 biggest global book publishers (Hachette, Penguin Random House, HarperCollins, Macmillan and Simon and Schuster) filed a lawsuit in NY...
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Federal Court of Appeal Comments on Non-Use in Response to Section 45 of...
The Federal Court of Appeal had the occasion to review the so-called non-use cancellation action under section 45 of the Trademark Act in the context of the acquisition of the trademarks by a new owner...
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CASL: A Framework to Stop Botnet Traffic
The Canadian Radio-television Telecommunications Commission (CRTC) took action[1] to establish a framework to limit botnet traffic before they reach consumers’ devices. The CRTC plays a limited role in...
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Imprisonment for Breach of a Court Order
It is rare that a term of imprisonment is given for breach of a Court Order, such as an injunction. The Federal Court issued an Anton Pillar order in a case of copyright infringement involving a pirate...
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The Right to Repair
The Copyright Act imposes liability for circumvention of technical protection measures (TPMs). Technical protection measures are defined in Section 41 of the Copyright Act as any effective technology,...
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Patent Re-Examination in Canada
The Canadian Patent Office has a procedure for the “re-examination” of a granted patent. However, this procedure is rarely used in Canada for several reasons. Less than half a dozen re-examinations are...
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Research Integrity and Copyright: A Proposal
The number one issue facing scholarly publishing today is research integrity. The crisis is associated with paper mills selling authorships to fabricated papers; reviewer cabals colluding with special...
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Albert’s Court Finds Privacy Regulation Unconstitutional
Can the Alberta Privacy and Information Commissioner limit a foreign corporation from collecting images of Albertans for use in facial recognition software? That was the issue that came to the Court of...
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Patent Infringement and Limitation Periods
Claims for infringement of a patent have an unusual place when it comes to limitation periods. A recent decision of the Alberta Court of Appeal has provided some clarity to this issue but there is...
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Letting Our Research Run With AI Content
This is a case of not closing the barn door after the horse is out, to use a pre-twentieth-century expression for a twenty-first-century issue. But, more precisely, I want to argue for propping the...
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Unsubscribe Requirement Hits Hudson’s Bay Company
In file 9110-2023-0067 the CRTC reports on enforcement action taken against the Hudson’s Bay Company for allegedly violating Section 6(2)(c) and Sections 11(1) and 11(3) of CASL Canada’s Anti Spam Law....
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Federal Court Examines “Due Care” Requirement
Section 73(3)(b) of the Patent Act permits the Commissioner of Patents to reinstate a patent that is deemed to be abandoned if he receives a proper application on time and if “the Commissioner...
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Federal Court Reaffirms Jurisdiction of the Patented Medicines Prices Review...
The Federal Court of Appeal took the occasion of an appeal of the order of the Patented Medicines Prices Review Board (the “Board”) that required a patentee to share reports on medicines that were no...
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Autopsy of a JPEG: What Happened to NFTs?
When was the last time you heard someone talk about NFTs? Was it when Paris Hilton and Jimmy Fallon showed off their Bored Apes on national television back in January of 2022? Or perhaps it was when...
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Generative AI: The Awards and the Infringement
The week of October 7th this year was quite something for Artificial Intelligence (AI). It was the object of two consecutive Nobel Prizes, awarded just days apart. The first, in Physics, went to John...
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Ontario Is the Second Appeal Court to Find a Search of a Digital Device at...
In R v. Pike[1] the Ontario Court of Appeal considered the expansive search power of Customs and Border officers under s. 99(1)(a) of the Customs Act.[2] The Ontario Court of Appeal set the stage for...
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Ambiguous Patent Claims
Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent...
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