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.
Over the past decade, there have been several Canadian patent cases that have turned, in large part, on the issue of whether a patent was invalid due to the inventor’s prior public disclosure of their invention. An analysis of the decisions reveals a number of key issues that will determine whether or not a prior disclosure is capable of invalidating the underlying patent.
One of the most difficult terms to negotiate as part of any joint venture or other co-development agreement relates to ownership of intellectual property (IP) developed as part of the venture. Often the parties compromise and agree to jointly own any IP that is developed. This article will canvass the rights of co-owners of IP under Canadian law and provide some guidance as to how co-owners can protect their rights.
Registering the name of an individual as a trademark in Canada poses unique challenges. These challenges frequently impact celebrities wanting to protect their name but can also impact businesses that are named after their founders. This article outlines the challenges and provides some potential solutions.