Publications

Our professionals regularly publish on new developments in intellectual property law. Our Editor is: Toni Polson Ashton.


Trade-marks

When a Trademark Owner Acts Like a Lewis Carroll Anthropomorphic Creature

This is a case where two direct competitors coexisted in the Canadian luggage and bag marketplace until the junior company decided to play the role of the fictitious cheshire cat and fade part of a trademark from view.

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Shortened Limitation Periods for Patent Infringement in Canada

Summary

It has been suggested recently that a limitation period of less than six years could apply to a cause of action for patent infringement in Canada if all the elements of that action occur in a single province with a shorter than six year provincial limitation period. While it is true that a shorter than six year limitation period will apply under such circumstances for patents that are subject to the “old” Patent Act (i.e. patents filed before October 1, 1989), the Federal Court of Appeal has strongly suggested that the limitation period for patents that are subject to the current Patent Act will always be six years (i.e. patents filed on or after October 1, 1989).  For quick reference, patents that are subject to the old Patent Act are numbered in the one million series.

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Proposed Marketing Bans May Create Trademarks in Limbo

As of October 6, 2017, Bill S-228 (the Child Health Protection Act in short) has passed through the Canadian Senate and awaits its second reading in the House. The bill recognizes that the marketing of unhealthy foods has a negative impact on childhood obesity, and enacts laws that restrict the marketing of such foods to children.

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