Articles

About Articles The following articles are published by the Information Technology and Intellectual Property Law Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Anastassia Trifonova 

Today
Today

Now We Know It Works: A New Special Advantage for Selection Patents

  • September 29, 2022
  • Adil Abdulla

In the pharmaceutical industry, patentees occasionally find new uses for patented drugs. In those cases, courts have long held that they can obtain new patents on subsets of their old patents – called “selection patents” – if those subsets have “special advantages” not disclosed in the old patents. But what happens if the patentee doesn’t find a new use, but finds that a subset is more effective for its original uses?

Student Forum, Information Technology and Intellectual Property Law
Photos of authors Roland Hung and Ida Sherkat

No Coffee Breaks from Privacy Compliance - A Cautionary Tale for App Developers

  • July 11, 2022
  • Roland Hung and Ida Sherkat, Torkin Manes LLP

Mobile applications have become synonymous with organizations’ outreach initiatives. The recent joint investigation by federal and provincial privacy authorities into the Tim Hortons app emphasizes the need for companies to consider Canadian privacy laws when designing their apps.

Student Forum, Information Technology and Intellectual Property Law
Photo of authors Jennifer Davidson and Steffi Tran

Who Are You? Understanding Digital Identity: A Primer for Legal Professionals

  • May 11, 2022
  • Jennifer Davidson and Steffi Tran, Deeth Williams Wall LLP

Digital identification (“Digital ID”) is evolving the way we verify ourselves in the online world. Following other jurisdictions, Canada is currently adopting its own Digital ID strategy, with provinces like Ontario working on policies in the space. However, Digital ID may be accompanied by novel challenges that legal professionals will have to address in future practice. This article serves as a primer for legal professionals to learn more about Ontario’s Digital ID initiative.

Student Forum, Information Technology and Intellectual Property Law
Head-shot photo of author Alessia Monastero

Cult Gaia Refused US Trademark Registration of its “Gaia’s Ark” Handbag Design, due to Genericness and Non-distinctiveness Issues

  • May 07, 2022
  • Alessia Monastero, associate & trademark agent, Bhole IP Law

Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.

Student Forum, Information Technology and Intellectual Property Law
head-shot photo of author Kaitlin Soye

Digging into the 2022 Federal Budget: Intellectual Property Issues

  • May 07, 2022
  • Kaitlin Soye, Lenczner Slaght LLP

The 2022 Federal Budget was recently tabled in Ottawa on April 7, 2022. The budget focuses on a diverse range of initiatives, including several intellectual property related matters. Among the given topics, the budget looks at tax incentives to encourage innovation in Canadian businesses and legislative amendments to both the Copyright Act and the College of Patent Agents and Trademark Agents Act.

Student Forum, Information Technology and Intellectual Property Law
Headshot photo of author Pankhuri Malik,

Insights from the Global Online Thesis Topic Meetings (GOTTMs), Leiden University

  • May 07, 2022
  • Pankhuri Malik, LLM student at Osgoode Hall School of Law and IPilogue writer

Non-fungible tokens (NFTs) continue to be a major topic in the current technology law landscape. Even today, there is continued debate on how best to utilize NFTs to achieve the most benefit for oneself. This discussion has continued with experts, Richard Lehv, Alexandra Giannopoulou, and Andres Guadamuz, who spoke about the different aspects of NFTs at their presentations for the Global Online Thesis Topic Meetings (“GOTTMs”) on April 5, 2022.

Student Forum, Information Technology and Intellectual Property Law

Brave New (Meta) World: Nike files virtual trademarks: implications for Canadian trademark law

  • May 07, 2022
  • Wendes Keung, associate, Torys LLP; Andrew M. Shaughnessy, partner, Torys LLP

On the heels of Mark Zuckerberg announcing the rebranding of Facebook to “Meta”, along with his plans for creating a virtual reality metaverse, Nike garnered significant media attention when it was reported that it filed seven trademark applications for use on “virtual goods”. These filings include the notable Nike “swoosh” logo and the words “Nike”, “Just Do It”, “Jordan”, and “Air Jordan”.

Student Forum, Information Technology and Intellectual Property Law

Could AI Be Held Liable for Moral Rights Infringement?

  • May 07, 2022
  • Maggie Vourakes

The rapid development of artificial intelligence on intellectual property policy is an issue that more countries around their world are turning their focus towards. Canada is no exception. In 2021, the Government of Canada launched a Consultation on Modern Copyright Framework for Artificial Intelligence and the Internet of Things to assess whether Canada’s existing copyright framework is keeping pace with the rapid developments in artificial intelligence and the Internet of Things.

Student Forum, Information Technology and Intellectual Property Law
Head shot photo of author Avery Lee

The First Trademark Application for a Hologram Filed in Canada by a Trademark Agent

  • April 14, 2022
  • Avery Lee, Keyser Mason Ball, LLP

Avery Lee is a talented young IP lawyer and the very first Trademark Agent to file a trademark application for a hologram in Canada. While he recognizes that his hologram is not as impressive as the larger scale holograms displayed by projectors or viewed with special glasses, he hopes that his trademark application can serve as a building block for other applicants and Trademark Agents.

Student Forum, Information Technology and Intellectual Property Law, Young Lawyers' Division
Hackers Aren’t Only in Movies?! The Rise of Ransomware Incidents in Canada and What Canadians Can Do About It

Hackers Aren’t Only in Movies?! The Rise of Ransomware Incidents in Canada and What Canadians Can Do About It

  • February 27, 2022
  • Emily Xiang, student, Osgoode Hall Law School; M. Imtiaz Karamat, associate, Deeth Williams Wall LLP

Ransomware incidents are becoming a daily reality of doing business in Canada and around the world. With this threat seeing a recent rise in frequency and severity, it is prudent for organizations to put in place the proper measures to safeguard themselves against future attacks.

Student Forum, Information Technology and Intellectual Property Law