Tag Archives: Quebec

Bill 96: Major Changes Affecting Trademarks on Packaging and Signage in Canada

Close-up on a blue Open sign in a window with written in it in English & French.

Most companies doing business in Canada prefer to use the same branding across all Provinces and Territories, particularly for consumer product labelling and signage of consumer-facing businesses. This means that Quebec’s language law often defines how brands are presented across Canada. With new legislation adopted on May 25, 2022 (Bill 96), the Charter of the French Language is now much less favourable to trademark owners.

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Lavigne (Valmedia) v. 9061-6632 Québec inc.: Infringement of moral rights will not go unpunished

court house

(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.

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