Trends, analysis and insights in IP Law
The Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct and authorizing copyright infringement and clarified the extent to which an adverse inference may be drawn in the context of online copyright infringement.
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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.
Continue readingAs 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.
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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(French version available at bottom of article)
True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators to be associated with their work as its author and to protect its integrity, notwithstanding any assignment of economic rights. These rights have been recognized in Canada under the Copyright Act (the “Act”) since 1931 and have been repeatedly recognized in past decisions of the Supreme Court of Canada1.