Publications

Three compelling reasons to register your trademarks now

April 2018

We expect the fundamentally reworked trademark law to come into force soon (in early 2019). But newspapers reported this week that there is strong pressure from the US to move the date closer in order to finally implement treaties signed by Canada years ago. All of this means that there is an urgency for business leaders to apply for Canada-wide protection of their marks immediately—under the current law. When the new law is in force, those who file applications for trademark registrations will encounter much greater competition. The changes will ensure a much greater inflow of applications by foreign applicants. Fees will be higher, possibly much higher. The likelihood of applicants being involved in opposition disputes will grow dramatically. Processing times will be substantially slower. Businesses should take action immediately and here is why:

A $644 million lesson

August 2017

A record-breaking amount of $644 million, awarded on June 7th by the Federal Court of Canada to Dow Chemical against Nova Chemicals for patent infringement, is a vivid reminder of the importance of obtaining intellectual property protection and of conducting appropriate “right to manufacture” searches before any marketing activity.

 

Investment Funds in Québec

May 2017

In Canada, each of the provinces have jurisdiction over their securities issues. Section 11 of the Securities Act (Québec) (“QSA”) stipulates that the distribution of securities to residents of Québec requires a  prospectus subject to a receipt issued by the Autorité des marchés financiers (“AMF”), unless a prospectus exemption is available under National Instrument 45-106 – Prospectus Exemptions (“NI-45-106”).

 

Quebec Voluntary Reimbursement Program

August 2016

We are pleased to provide you with an overview of the Voluntary Reimbursement Program (the "Program") which is aimed at facilitating the recovery of amounts improperly paid by public bodies in connection with public contracts.

Canada's new anti-spam legislation: Are you prepared?

June 2014

As many of us head off on summer vacation, Canada’s new Anti-spam Legislation (CASL) comes into force on July 1st, 2014. This law will affect all individuals, companies or organizations that send commercial electronic messages (CEMs), develop or install computer programs, or re-route the destination of a message, contrary to the one specified by the sender.

Registration of trusts operating a commercial enterprise

June 2014

Since February 14, 2011, trusts are not authorized to register with the Registraire des entreprises du Québec. However, section 21(8) of the Act respecting the legal publicity of enterprises, that will take effect on July 1, 2014, makes registration compulsory for "trusts operating a commercial enterprise in Québec, other than a trust administered by a registered registrant". In addition, trusts operating a commercial enterprise administered by a trustee not registered will be required to register within 60 days of the date after which they became subject to the Act.

This bulletin provides general comments on recent developments in the law. It does not constitute and should not be viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

 

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