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Fair Dealing User’s Right Is Available Despite a Technological Protection...
Much concern was expressed on whether a technological protection measure could be used despite the fair dealing user’s right to effectively lock up a work forever. Some parts if the answer to this...
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Academic Freedom and the Israel-Hamas War
As a faculty member of Simon Fraser University, I recently participated in a SFU Faculty Association vote on a motion “calling upon SFU to divest from Israeli commercial interests, suspend partnerships...
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Canadian Anti-Spam Law Update
The Canadian Radio-Television and Telecommunications Commission (CRTC) remains one of the bodies responsible for compliance with Canada’s Anti-Spam Legislation (CASL). On April 4, 2023, Canadian police...
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What Was Heard: Contradictions in Canadian Scholarly Publishing
In July of last year, Canada’s three research-funding agencies set out to improve public and academic access to the studies they sponsor. Open access to research and scholarship is proving to be the...
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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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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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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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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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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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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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