Author: Dara Jospé, Nicolas Charest and Jason Markwell

About Dara Jospé, Nicolas Charest and Jason Markwell

Nicolas Charest graduated from McGill University with a joint civil law and common law degree and a minor in art history. He also studied abroad at Université Paris II Panthéon-Assas and Université de Reims. He joined Fasken during the summer of 2017.

Breaking News from the WTO: Limited TRIPS Waiver for COVID-19 Vaccines

Close up of Vials and Syringes with Covid-19 vaccine are displayed on a tray during vaccination.

On June 17, the 2022 Ministerial Conference of the World Trade Organization (“WTO”) issued a decision [PDF] pursuant to the Agreement on Trade-related Aspects of Intellectual Property Rights (“TRIPS Agreement”) and allowed certain members to use patented inventions for the production and supply of COVID-19 vaccines in specific circumstances (“Ministerial Decision”).

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Trademark Owners and Franchisors Beware: in Milano Pizza Ltd. v. 6034799 Canada Inc., Lack of Licensor Control Leads to Invalidation of Trademark

Neon sign of a pizza over a city's view

In its recent Milano Pizza Ltd. v. 6034799 Canada Inc. decision, the Federal Court ordered the expungement of a trademark registration because the plaintiff did not exercise sufficient control over the use of the trademark by its licensees. This decision provides a helpful reminder of the dangers of relying on verbal agreements instead of written trademark licenses, and the need for trademark owners to maintain control over their licensees.

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Sedona Conference 2022: Practical Recommendations on Protecting Trade Secrets in Litigation

Abstract business icons over a laptop

The Sedona Conference Working Group recently issued some practical recommendations in their publication “Commentary on Protecting Trade Secrets in Litigation About Them”.[1] The purpose of this article is to provide a brief overview of the guidelines developed by this group and which we recommend you consider in your current and future litigation.

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The Federal Court of Appeal has spoken: actual damage doesn’t need to be proved in order to obtain statutory damages under the Copyright Act

close up of engine

In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader. This Court determined that a copyright owner could claim the statutory damages provided in section 38.1 of the Copyright Act (“Act”), even where there was no monetary damage and no loss of business opportunity.

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Virtual reality: navigating trademark challenges in the metaverse

cyber space metaverse concept

Nicolas Charest, Eliane Ellbogen and Simon Hitchens suggest how brand owners can navigate the various challenges they are likely to face when using, protecting and enforcing their trademarks in relation to the metaverse.

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