It’s Official: Mandatory Data Breach Notification Coming on November 1, 2018
Last week, the Government of Canada published an Order in Council that will bring into force, as of November 1, 2018, the much anticipated mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)....
Privacy Commissioner Gearing Up for Tougher Enforcement
On September 21, 2017, in a press conference following the publication of his 2016-17 Annual Report to Parliament on the Personal Information Protection and Electronic Documents Act and the Privacy Act, the Privacy Commissioner (the “Commissioner”) announced his plans to...
Alexandre Ajami is quoted in World Trademark Review blog article on geographical indication (GI) rights
World Trademark Review, "New opportunities for GI protection in Canada; food brands warned to tread carefully"
The article discusses the changes that have been made to Canada’s system of GI rights as a result of amendments to Canada’s Trademarks Act. Alexandre Ajami makes predictions as to how these changes will affect filings for GI, in addition to...
The Act to Implement CETA Comes Into Force and Extends Protection to Additional Geographical Indications
Most of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (CETA Implementation Act) came into force on September 21, 2017. Among other things, this Act expands protection for geographical indications (GIs) and is of interest for anyone involved...
Supreme Court of Canada Rules on the Promise of a Patent
On June 30, 2017, the Supreme Court of Canada issued its much awaited decision on the so-called “promise doctrine” of patent utility (AstraZeneca Canada Inc. v. Apotex Inc. 2017 SCC 36). As applied for many years, the promise doctrine had...
Canada’s Proposed New Trademark Regulations Released for Comment
On June 19, 2017, the Canadian Intellectual Property Office (CIPO) released its draft Regulations under Canada’s new Trademarks Act, which received Royal Assent in 2014, but is not yet in force. Read the draft Trademark Regulations. The draft Regulations are...
Impression v. Lexmark* – Exhaustion of Patent Rights in the U.S.
In a highly anticipated decision addressing the doctrine of exhaustion of patent rights in the U.S., the Supreme Court of the United States has reversed the U.S. Federal Circuit’s decision and held that a patentee’s sale of a patented product...
Draft Regulations Relating to Signage in Quebec and French Language
On May 4, 2016, the Quebec government followed through on its plan to amend the Charter of the French Language (the “Charter”), publishing draft regulations which require the sufficient presence of French when a trademark in a language other than...
Software Development and Licensing: What Retailers Need to Know
Every retailer today uses some form of software, whether it be a computer program running on local hardware, a hosted web site or an application running in the cloud or on a mobile device. Unfortunately, many retailers purchase such software...
Significant Changes to Canada’s Trademark Regime: What you Need to Know
The Canadian government has made changes that will impact almost every aspect of trademark practice in Canada. These changes are contained in two pieces of legislation, Bill C-31 and the Combatting Counterfeit Products Act. The changes make it important to...