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With recreational cannabis now legal in Canada, how has intellectual property law evolved and relate to the cannabis sector? Christie Bates, associate at McMillan LLP in Toronto, shares her expertise.
Set to come into effect next year, the legislative changes to the Trade-marks Act will bring Canada in line with international treaties and make trademark applications faster.
Back in April, the federal government committed $85.3 million over five years “to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property through a comprehensive IP Strategy.”
How does this impact the overall legal profession? Clients require legal assistance during booming and desperate economic times. Their needs become more acute during a time of economic flux. Law firms could position themselves for handling the disruption of goods and supply chains should NAFTA be amended or — worst case — terminated. The times they are a-changin’.
IP lawyers say Canada lacks proper legal protections for trade secrets, so vigilance is key. When Facebook was recently ordered to pay a half-billion dollars to ZeniMax Media over a trade secrets violation, the case highlighted the risks inherent in acquiring companies with trade secrets in sectors such as technology and manufacturing. And with the ascendancy of digital technology and the increased mobility of employees, it is easier than ever for trade secrets to be taken and used for the development of competing products.
Those seeking to acquire the intellectual property rights of a bankrupt company are often faced with a unique set of legal challenges, as exemplified by Thomson Reuters’ recent acquisition of certain intellectual property rights owned by Federated Press.
IP practitioners are hoping the newly signed Comprehensive Economic and Trade Agreement will bring a net gain. When Canada and the European Union finally signed the Canada- European Union Comprehensive Economic and Trade Agreement on Oct. 30, it marked what many hoped would be a move toward reducing tariffs and other barriers to trade in an increasingly global economy.
Two recent Patent Appeal Board decisions issued on behalf of the commissioner of patents in 2016 reflect the challenges in obtaining some types of software patents in Canada, especially claims to business methods and the like.
. . . in St. John's, Nfld, in Winnipeg, e-discovery, IP law
