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  • Appointment of Vincent Bergeron as a Partner

    April 1, 2015

    The firm is pleased to announce the appointment of Vincent Bergeron as a partner

    Vincent Bergeron specializes in copyright, trademarks, patents, technology transfer and information technology. He is also involved in entertainment and business law. Vincent Bergeron counsels clients in the protection and enforcement of intellectual property assets related to information technology. He is also involved in negotiating and drafting commercial contracts such as licences, Read more ›

  • Is your medical treatment claim more patentable now? Hint: A little

    April 1, 2015

    By Gabrielle Moisan

    In the pharmaceutical field, when both the molecule and the use are known and the invention is only about the administration mode or the dosage range, it might be difficult to get a patent in Canada.

    In fact, The Patent Act defines an “invention” in section 2 as:

    “any new and useful art,

    Read more ›

  • Crowdfunding: A Great Way to… Jeopardize your Intellectual Property

    April 1, 2015

    By Vincent Bergeron

    This article is the second in a three-part series on participatory financing or crowdfunding, a social phenomenon that has wind in its sails.

    Even though this financing solution appears to be simple and user friendly, the hasty sharing of information on a Crowdfunding platform carries two major yet rarely discussed risks: having one’s ideas copied by a third party and jeopardizing the criteria for patentability of those ideas. Read more ›

  • Businesses allowed to display their English-only registered trademarks in Quebec – at least for now…

    April 1, 2015

    By Stella Syrianos

    For the moment, Quebec Court of Appeal’s latest ruling has paved a clear road for companies doing business in Quebec: English-only registered trademarks (for which there is no French equivalent trademark registration) may legally appear on storefront signs without the need for additional generic French language.

    In a highly anticipated decision for retailers carrying on business in Quebec and trademark practitioners alike,

    Read more ›

  • The Dunkin’ Donuts case: doughnuts and coffee for 11 million $

    April 1, 2015

    By Camille Aubin and Marie-Ève Côté

    In April 2015, the Court of Appeal of Quebec ordered the Dunkin’ Brands Canada Ltd franchisor (Dunkin’ Donuts) to pay its franchisees close to 11 million dollars, more than 10 years after the initiation of the proceedings against it.

    In this case, 21 franchisees operating 32 Dunkin’ Donuts stores in Quebec sued the franchisor, Read more ›

  • Katy Perry’s Left Shark: Attempting to profit from a Viral Phenomenon

    April 1, 2015

    By Thomas Gagnon-van Leewen and Alexandre C. Archambault

    In an era where information can often go viral on social media, the most successful of memes are often the most unexpected. How does intellectual property tackle a viral phenomenon?

    Popstar Katy Perry knows something about this. During her halftime show at the SuperBowl last February,

    Read more ›

  • Sale of a Patent at a Loss: Is It Deductible?

    January 8, 2015

    By Alexandre C. Archambault

    How are transactions involving patents treated from an income tax perspective? A recent Tax Court of Canada decision examined whether certain patents were depreciable property for which a terminal loss could be claimed.

    “The hardest thing to understand in the world is the income tax”
    Albert Einstein

     

    Read more ›

  • How About Crowdfunding?

    January 8, 2015

    By Steven Bento

    In 2013 alone, the Internet phenomenon known as “collective financing”, “social fundraising” or “crowdfunding” generated over 5 billion dollars in donations worldwide.

    The Kickstarter platform alone raised over 24 million dollars in Canada2. The data for 2014 has not yet been compiled, but judging from the success of large scale projects such as Coolest Cooler and Oculus VR, Read more ›

  • Warning to All Pirates: Check Your Mailbox!

    January 8, 2015

    By Jean-Sébastien Rodriguez-Paquette

    Canadian Internet users who illegally download content are now even more likely to get a warning notice from their Internet Service Provider (ISP).

    The final provisions of the Copyright Modernization Act came into force in January 2015, thus making official an already widespread voluntary practice: the so-called “notice and notice” regime. Read more ›

  • Thinking of terminating a verbal (franchise) agreement?

    January 8, 2015

    By Steven Bento

    Recently, the Ontario Superior Court of Justice ruled on the sensitive issue of the termination of a verbal franchising agreement which, at first glance, made no provisions in this regard.

     The Cases of France v. Kumon

    The case of France v. Kumon pitted Ms. France (hereinafter “France”),

    Read more ›