Articles 2020

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Today

Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

  • November 24, 2021
  • Daniel Daniele and Bryant Oakes, Norton Rose Fulbright Canada LLP

The market for Non-Fungible Tokens (NFTs) has exploded over the last year. Although this is an exciting new area for business, it is riddled with potential legal issues that must be properly understood by those who wish to operate in the marketplace. One of these issues pertains to the application of copyright laws to NFTs. Depending on the copyright ownership structure surrounding a given NFT, its use in the course of business may open the door to lawsuits rather than profits.

Student Forum, Information Technology and Intellectual Property Law
OSFI Updates on Cyber Security Incident Reporting

OSFI Updates on Cyber Security Incident Reporting

  • November 14, 2021
  • Elif Babaoglu

The Office of the Superintendent of Financial Institutions (OSFI) is an independent agency of the Government of Canada that contributes to the safety and soundness of the Canadian Financial system by regulating and monitoring federally regulated financial institutions (FRFIs). Recently, OSFI released updated requirements regarding the cyber security incident reporting requirements expected of FRFIs.

Student Forum, Information Technology and Intellectual Property Law
Claire Davis, Healthcare of Ontario Pension Plan

The Permanent and Irreversible Disposal of Personal Information

  • November 14, 2021
  • Claire Davis, Healthcare of Ontario Pension Plan

Although there are no current signs of Bill C-11 (Digital Charter Implementation Act, 2020) being revived in Parliament, the re-election of the Liberal government suggests that it is only a matter of time before it is reintroduced in some form. To prepare for this event, this commentary analyzes one of the more controversial aspects of Bill C-11: its obligations for the disposal of personal information.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law
Adil Abdulla, Sotos Class Actions

AI Inventors: Do They Exist, and Does It Matter?

  • October 03, 2021
  • Adil Abdulla, Sotos Class Actions

The question of whether artificial intelligence can be an inventor for the purposes of obtaining a patent has come to a forefront in several jurisdictions around the world. With Canada's official stance on the matter still open for debate, it is important to assess these foreign decisions to predict the future of our patent landscape.

Student Forum, Information Technology and Intellectual Property Law

Walmart Opposes Kanye West’s New Yeezy Logo

  • September 28, 2021
  • Alessia Monastero

Earlier this year, Walmart filed an opposition with the US Patent and Trademark Office against Kanye West’s new Yeezy logo. Yeezy LLC’s new trademark application consists of eight symmetrical dotted lines in the shape of a spark. Walmart argues that it will be damaged by the registration of Yeezy’s mark, which was filed in connection with music, clothing, retail store services, streaming of music services, record production, and hotel services. ⁠

Student Forum, Information Technology and Intellectual Property Law

A New Tool in the Copyright Toolkit: The Site-Blocking Order

  • September 28, 2021
  • Christopher Tsuji

Teksavvy Solutions v Bell Inc. provides a novel remedy for copyright owners to deal with copyright infringement: a site-blocking order. In TekSavvy, the Federal Court of Appeal unanimously upheld the Federal Court’s unprecedented interlocutory order that required several Canadian Internet Service Providers (ISPs) to restrict access to several websites because of copyright infringement.

Student Forum, Information Technology and Intellectual Property Law

Ready, Set...Innovate: How Top Tech Companies Capture Meaningful Intellectual Property (IP)

  • May 06, 2021
  • Isi Caulder

Top technology companies are specifically focusing their attention on how their innovators innovate and empowering them to identify promising ideas for patent or trade secret protection. Companies should regularly review their internal innovation capture channels, patent education, inventor incentives, and innovation mining program to ensure that they are providing sufficient positive reinforcement to foster an IP friendly culture.

Information Technology and Intellectual Property Law

Reworked Goods and Brand Owners: A Lesson from Chanel and Nike

  • May 06, 2021
  • Alessia Monastero

Upcycled and reworked fashion has always been on trend, but has never quite been as popular as it has over the last year. With the pandemic pushing e-commerce to the forefront of retail, the ability to make, sell, or purchase reworked clothing has become increasingly accessible. While upcycled garments continue to serve as an artistic outlet and sustainable alternative to the apparel industry's massive waste problem, what does reworked fashion mean for trademark and IP owners?

Student Forum, Information Technology and Intellectual Property Law

Large Stakes and Big Mistakes: A Case Summary of CIS General Insurance Limited v IBM United Kingdom Limited

  • May 06, 2021
  • Julia Sydorenko and Wendes Keung, WeirFoulds LLP

The Technology and Construction Court in the United Kingdom recently considered the failure of a high-value digital transformation project and the eventual termination of the project agreement. The decision provides commentary on repudiatory breach, exclusion of liability for indirect damages, breach of warranty, and project delays, which provides a number of helpful points for consideration for technology lawyers.

Student Forum, Information Technology and Intellectual Property Law

Lessons Learned – IP Litigation Virtual Trials

  • May 03, 2021
  • Jaclyn Tilak

After more than a year of working from home, the Goodmans intellectual property litigation team has had its share of virtual hearings and trials. We have rounded-up our top 5 tips for ensuring your next virtual hearing goes as smoothly as possible.

Student Forum, Information Technology and Intellectual Property Law