Insights

Making Room for IP Strategy in the Boardroom

The approach taken to IP issues, and the importance of the IP assets of the company, fits within the larger context of enterprise strategic planning and management and the board should work together to ensure that the risk profile of IP strategy is in line with the remainder of the corporate structure.

What is the final deadline to enter the national phase in Canada under the PCT? (42 months)

Counterfeiting: What Is It and What Can You Do About It?

The value of your brands and other intellectual property (IP) rights can be affected both positively and negatively as you expand your markets – in many cases as the notoriety of your company and your brands increases, so does the temptation for people to copy or trade on the goodwill and value of your IP rights and planning to deal with counterfeit products is one area in which many companies can benefit from the deployment of some resources. Companies addressing some of these issues in their market development plans will be best positioned to protect, exploit and maximize their own IP positions as their businesses grow.

IP legal considerations when entering the Canadian market

I spoke recently as a panelist at the Global Intellectual Property Law Symposium hosted by Gearhart Law in New Jersey and New York. The topic of my panel comments was to outline the Canadian legal environment for American SME’s and other companies considering entering the Canadian marketplace and the IP regime here.

New Canadian trademark law amendments – business impact

In the summer of 2014 a large series of amendments to the Trademarks Act in Canada received Royal Assent. The implementation of these treaties and legislative changes will have a significant impact on trademark practice and brand owners in Canada.

IP Considerations in New Product Development

Business should think about IP issues during new product development. Risks can be avoided, and opportunities captured, by dedicating time to these questions at the appropriate decision points.

Canadian government introduces new anti-counterfeiting measures

On March 1, 2013, the Government of Canada introduced new anticounterfeiting legislation in draft form for consideration to Parliament.

Use It or Lose It – Importance of Use to a Trademark Owner

In order to maintain the validity of a Canadian trademark registration, the trademark must be used as registered. Trademark usage is what actually supports the ongoing validity of your trademark in the marketplace.

Supreme Court of Canada: Trademark confusion test

The Supreme Court of Canada decision in the case of Masterpiece Inc. v. Alavida Lifestyles Inc. provides a recent precedential review of the law around trademark confusion.