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: Janet Chong

Today
Today

How Smart is Your Contract? Legal Considerations Around Smart Contracts

  • May 10, 2018
  • Imran Ahmad

Blockchain technology and smart contracts have the potential to positively transform financial markets and the business of banking. While the associated benefits are promising, the application of blockchain technology to smart contracts brings with it important technical and legal issues.

Information Technology and Intellectual Property Law, Student Forum

Google Inc.’s Fight Against a Worldwide Injunction on Search Results Continues

  • April 20, 2018
  • Sabrina Salituro and Paul Lomic are lawyers at Lomic Law

The Supreme Court of Canada’s landmark decision in Google Inc v Equustek Solutions Inc upheld an interlocutory injunction against Google, a non-party, to globally de-index the websites of the defendant that is infringing the plaintiff's intellectual property. Although Google obtained a judgment from a US court declaring that the decision was not enforceable in the US, it was unsuccessful in having the original injunction overturned in Canada on the basis of the US judgment.

Entertainment, Media and Communications Law, Information Technology and Intellectual Property Law, Student Forum

Claiming Damages for Copyright Infringement: Andrew Collett v Northland Art Company Canada Inc. and Bremner Fine Art Incorporated

  • April 12, 2018
  • Jennie Yum

In the Federal Court’s recent decision of Andrew Collett v Northland Art Company Canada Inc and Bremner Fine Art Incorporated, 2018 FC 269, Justice Gleeson addressed the plaintiff’s claims for damages for infringement of copyright and moral rights, including statutory and punitive damages. This article summarizes the Court’s consideration of these damages.

Information Technology and Intellectual Property Law

ONTARIO COURT OF APPEAL SUMMARIES (APRIL 2- APRIL 6)

  • April 08, 2018
  • John Polyzogopoulos

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

Civil Litigation, Family Law, Franchise Law and 4 more..., Information Technology and Intellectual Property Law, Insurance Law, International Law, Real Property Law

Sweet Justice for IP Rights Holder: Agreement not in Restraint of Trade

  • April 03, 2018
  • Paul-Erik Veel & Andrew Skodyn

The intersection of intellectual property law and competition law is an area that gains greater significance with each passing year. Much of the focus in this area recently has been on the appropriate scope of action to take by regulators. Also important, but attracting less attention, is the application of common law doctrines against contracts in restraint of trade to agreements that are based on the enforcement of intellectual property rights.

Civil Litigation, Information Technology and Intellectual Property Law

Three Technological Stories Worth Keeping an Eye On

  • April 03, 2018
  • Jonathan Miller, SHIBLEY RIGHTON LLP

Technology is everywhere and is changing how we communicate and carry on our daily lives. This article highlights three technology issues that are changing the legal landscape.

Information Technology and Intellectual Property Law, Young Lawyers' Division

“Consisting essentially of” in Canadian Claim Construction

  • March 15, 2018
  • Lei Gao and Andrew Kaikai

Due to the flexible nature of the law of claims construction in Canada, the meaning of the commonly used transitional phrase "consisting essentially of" may surprise foreign lawyers and patent practitioners.

Information Technology and Intellectual Property Law, Student Forum

Driving Innovation: The Interface Between Competition and Intellectual Property Law

  • January 10, 2018
  • Kelsey K. Gordon

On November 22, 2017, the OBA Information Technology and Intellectual Property Law section hosted a program on the intersection of competition law and intellectual property law. The speakers were John Bodrug (Davies Ward Phillips & Vineberg LLP) and Nikiforos Iatrou (WeirFoulds LLP), and the stimulating discussion was moderated by Sangeetha Punniyamoorthy (DLA Piper (Canada) LLP). Here are some of the highlights of the program.

Federal Court Grants Interlocutory Injunction in Trademark Case

  • August 15, 2017
  • Paul Lomic and Agnes Ng

The Federal Court’s decision in Sleep Country Canada Inc v Sears Canada Inc, granted a rather rare interlocutory injunction prohibiting the use of a slogan pending the final determination of a trademark infringement action. Sears Canada Inc. was enjoined from using their newly adopted slogan that stated “There is no reason to buy a mattress anywhere else”, as it was confusing to Sleep Country Canada Inc.’s (“Sleep Country”) trademarked slogan “Why buy a mattress anywhere else".

Information Technology and Intellectual Property Law

Canadian Patentees Finally Reach the [no] Promised Land

  • August 15, 2017
  • Andrew Skodyn

On June 30, 2017, the Supreme Court of Canada unanimously granted AstraZeneca’s appeal in the long-awaited conclusion of the “Promise Doctrine” saga in AstraZeneca Canada Inc v Apotex Inc. The primary legal consequence of this decision is that the Supreme Court of Canada has reset the utility test and eliminated the Promise Doctrine.

Information Technology and Intellectual Property Law