Category Archives: Intellectual property

Registering your trademark abroad: Is the Madrid Protocol the best strategy?

Three Canadian flags in front of a business building in Ottawa, Ontario, Canada. Ottawa is the capital city of Canada, and one of the main economic, political and business hubs of North America

The Madrid Protocol is celebrating its second anniversary in Canada! Since it came into effect on June 17, 2019, Canadian businesses have more than one string to their bow to protect their trademarks in Canada and internationally. This is the first article in the series on the Madrid Protocol in Canada; it will focus specifically on international filings made by Canadian companies.

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Promoting Canadian Intellectual Property on World Intellectual Property Day

Today, April 26th, is World Intellectual Property Day.  This year’s theme is shining a light on the critical role of small and medium-sized enterprises (SMEs) in the economy and how they can use intellectual property (“IP”) to build stronger, more competitive and resilient businesses.

On April 19th, 2021, the Canadian government released its first budget under the COVID pandemic (“Budget 2021”).  Budget 2021 addresses the Government of Canada’s fight against COVID-19 and its desire to ensure a robust economic recovery.  As part of the latter, Canada is investing in innovation.

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Cloud Contracts: The Impact of Common Terms of Service Provisions on Intellectual Property Rights

light bulb cloud

Many people have a great deal of digital content stored “in the cloud”, often through email, social media platforms, file storage and other related services. Whether it is the storage of user-created content, such as photos, videos or documents, or content that users pay to access, such as music and e-books, the use of such services is governed by the Terms of Service (“ToS”)[1] of the relevant company (“online service provider”).  

Despite the often monetary or emotional value of such user-created content, ToS tend to be contracts of adhesion; if a person wants to use an online service provider, they generally have no option but to agree to that online service provider’s ToS. As ToS are almost always unilaterally-generated contracts where the individual has no negotiating power vis-à-vis the online service provider, the reality is that most people usually accept ToS without actually reading them. As a result, many are unaware of how the ToS affect their rights to the accounts with these service providers and the content stored in association with them, or the rights their heirs might have in this regard after they die.[2] This is particularly the case for an individual’s copyright with respect to the content that they create through or store with the online service provider.

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Mark D. Penner Recognized as IAM Global Leader for 2021

Fasken partner, Mark D. Penner, has been recognized in the first ever edition of the IAM Strategy 300 Global Leaders Guide. You can visit the website here to view this year’s edition.

The IAM Strategy 300 Global Leaders guide draws from the worlds of private practice, consulting and other service providers, with specialists from the major IP markets in the America’s, Europe and Asia. Together they boast a wide range of expertise in IP-intensive sectors such as high-tech and life sciences. Given the myriad strategic challenges that patent owners face throughout the world, this guide will quickly become a valuable resource for stakeholders across the IP community!

Mark’s practice focuses on all aspects of the acquisition, protection, enforcement and strategic use of a wide range of intellectual property assets in Canada and around the world.

Learn more about our IP practice.

IAM Global Leaders

Jean-Nicolas Delage Recognized as IAM Global Leader for 2021
Fasken partner, Jean-Nicolas Delage, has been recognized in the 2021 edition of IAM Global Leaders Guide.

Now into its second year, the IAM Global Leaders Guide brings together the world’s foremost private practice patent experts. Congratulations Jean-Nicolas! Read the full guide here.

Jean-Nicolas is the co-leader of the Technology, Media and Telecommunications group and specializes in intellectual property strategy for rapidly growing technological clients.

Learn more about our Technology, Media and Telecommunications group