Category Archives: Analysis

Analysis, Canada, Copyrights, Intellectual property, Patent Prosecution, Trademark

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

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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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Analysis, Intellectual property, Patents, Trademark

Introduction to Trademarks – the Basics

As a strong supporter of the food and beverage industry, Fasken is pleased to invite you to view this episode of the Masterclass Series, presented by BC Food & Beverage (BCFB).

This video series features topics that will be of interest to producers, distributors and retailers in BC’s growing agribusiness, food and beverage industry.

Hear from Roger Kuypers and Janine McNeil, Trademark Agents at Fasken who discuss the importance of trademarks and how an effective trademark strategy is critical to your brand’s future growth and success.

Analysis, IP Litigation

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

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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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Analysis, Intellectual property, Patents, Trademark

Today’s Youth, Tomorrow’s Innovators: Emerging Technologies Present Challenges and Opportunities for the Creation and Protection of IP

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In celebration of this year’s theme for World IP Day, IP and Youth: Innovating for a Better Future, we are exploring the IP implications of emerging technologies that may shape our collective future: (A) artificial intelligence, (B) the metaverse, (C) non-fungible tokens, and (D) clean technologies.

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Analysis, Canada, Patents

Key Takeaways from Ongoing PMPRB Litigation

Flags of Quebec and Canada

UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors and requiring that price and revenue information be reported net of all adjustments. The federal government will proceed with amendments establishing a new basket of comparator countries, with a coming-into-force date of July 1, 2022. For more information, see our Life Sciences Bulletin on the Minister’s announcement.

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This article provides an update on each of these cases and highlights the growing body of jurisprudence questioning the PMPRB’s price control reasoning.

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