Category Archives: Canada

Analysis, Canada, Trademark

Opposition and Cancellation Proceedings Shifting Into Higher Gear in Canada

Notary public in office stamping document

Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings before the Canadian Trademarks Opposition Board (TMOB) 3-4 years after their start. Similarly, in many cases decisions in opposition proceedings would issue 5-6 years after the end of the initial 2 month period to oppose. This is not because these types of proceedings are particularly cumbersome in Canada. Contrary to US oppositions there is no discovery in oppositions and administrative cancellation proceedings, only cross-examinations on affidavit are possible. The availability of very generous extensions of time and long delays to set a hearing or to render a decision on the basis of a written record explain most of these delays. This is changing rapidly.

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Analysis, Canada

Regulation, Generative AI, and legal considerations

Asian woman watching hologram screens. Business and technology concept. Smart office. GUI (Graphical User Interface).

With generative AI’s ability to aid knowledge management, increase efficiency and accelerate development there must be balanced consideration of intellectual property (IP) protection and stakeholder interests.

Generative Artificial Intelligence (Gen AI) are algorithms that can be used to generate text and images that are difficult to distinguish from human generated text and images. It is technology that is fed data (trained) to ultimately recognize relationships and patterns in data. The more data the system is fed, the smarter it becomes. Once trained, it then applies that intelligence to information submitted by end users, to produce new content/products such as videos, photos, and book summaries. Generative AI’s use is growing in popularity because it quickly simplifies and completes tasks for the everyday user once given simple instructions.

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Analysis, Canada

Modernization Initiatives of the Copyright Board

justice statue

Why Is the Copyright Board Modernizing?

The Copyright Board of Canada (“the Board”) has announced the completion of Phase 1 of its Modernization Initiative that has taken place over the past four years as of May 2023. Following this, the Board released a report providing updates on the Board’s overhaul of its processes, internal policies, and organizational culture including the implementation of new Rules of Practice and Procedure that came into effect on March 1, 2023. Policies like improving efficiency, transparency, and access to justice of legal processes, all aspects of the Board’s initiatives, are often desirable changes in any context but why has the Board been prompted to take on this initiative?

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Analysis, Canada, Copyrights, Trademark

Social Media and Copyright: What are the Common Copyright Limitations and Issues Users Face?

Social media phones

In a time when online sharing is becoming more and more complicated thanks to an ever increasing number of social media platforms cropping into existence and an equally ever increasing amount of time people are spending online, various copyright issues are bound to arise. Continue reading to learn more about the common Canadian copyright limitations and issues users may face in sharing and living in an online world.

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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

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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