Sending Cease and Desist Letters in Canada
August 11, 2020
This article, originally published in the July/August 2020 issue of IP Litigator magazine, looks at the potential risks associated with sending a cease and desist letter to an alleged infringer of intellectual property rights in Canada. Read about it here.
Like most countries, Canada has a system in place that allows owners of certain intellectual property rights to ask Customs to detain goods at the border that may infringe those rights. This article discusses the details of Canada’s system of border enforcement.
A Concrete Reason to Consider Template Contracts: Patterned Concrete Mississauga Inc v Bomanite Toronto Ltd
A recent decision of the Federal Court of Canada highlights the risks for companies adopting what appear to be "template" or industry standard documents. In such cases, care need to be taken to ensure that you are not infringing copyright.
A recent decision of the Federal Court of Canada considered the scope of fair dealing in respect of the use of a copyrighted work in relation to criticism.