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January 20, 2015
Josh J.B. McElman, KC
Intellectual Property & Technology

Copyright Owners and (Downloading) Users Take Note: Canada’s Formal Notice...

Canadian copyright law is primarily governed by the federal Copyright Act, R.S.C. 1985, c. C-42 (the “Act”). The Act was subject to some significant amendments by the Copyright Modernization Act, S.C. 2012, c. 20 (the “CMA”), and while most of the changes made by the CMA have already been in force for some time, the notice and notice regime created by the CMA for allegations of infringement only came into force in January 2015.

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September 18, 2014
Josh J.B. McElman, KC
Intellectual Property & Technology

Canadian Trade-mark Applications and Oppositions

In 911979 Alberta Ltd v Hero Nutritionals, Inc, 2014 TMOB 72, a recent decision of the Trade-marks Opposition Board, the Opponent in the opposition succeeded, even though the Opponent itself had filed no relevant evidence. The Opponent relied solely on the evidence of the Applicant and the Application was denied by the Opposition Board. The decision centered on the claimed date of first use for the trade-mark in the Application.

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June 23, 2014
Josh J.B. McElman, KC
Corporate & Commercial

Cracking Down: Canadian Court Emphasizes Compliance with Export Procedures

Over recent years there has been an increase in the enforcement of legislation aimed at businesses exporting their goods or services overseas. Recently, an Alberta company was fined $90,000.00 for mistakenly shipping $15.00 worth of prohibited equipment to Iran in contravention of the federal Special Economic Measures Act (the “SEMA”). The following is a general overview of that case.

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