The Federal Court of Appeal’s long-awaited decision on what constitutes trademark “use” in association with services in the Internet age has finally been released. On September 9, the Court of Appeal dismissed Miller Thomson’s appeal and maintained Hilton’s Canadian trademark registration for its WALDORF ASTORIA mark in association with “hotel services”, despite there never having been a “bricks and mortar” Waldorf Astoria hotel anywhere in Canada.

In a few weeks, TikTok’s parent company ByteDance will have to either complete the sale of TikTok’s US operations to an American company (contenders have included Microsoft, Wal-Mart and Oracle, with Oracle the current favourite), or be banned from the U.S. market.

The COVID-19 pandemic has had a big impact on conferences around the globe, and IPIC’s 2020 Annual Conference is no exception. For the first time in its history, IPIC has decided to replace its annual in-person conference with a virtual event, dubbed IPIC2020 Virtual, to be held on October 1-2, 2020.

IPIC’s monthly committee profiles showcase the volunteer work that our talented IPIC members are doing to grow the IP profession and share valuable knowledge with their peers across the country. This month, we sat down with Béatrice Ngatcha, the Editor of the Canadian Intellectual Property Review, to learn more about what the Editorial Board of IPIC’s CIPR committee has been up to this year.

This is the second edition of IPIC's member profile series on the UnscrIPted blog, which features a monthly interview with a Canadian IP professional to discuss their career accomplishments, interests and overall outlook on the IP profession. Richard Levy has been an IPIC member since 1986 and has been a member of multiple IPIC Committees, as well as the Chair of the Alternative Dispute Resolution Committee. He is based in Montreal, where he runs his private practice, Levy IP Law and Dispute Resolutions. 

Launched in August 2019 as part of Canada’s Intellectual Property Strategy, ExploreIP is a free online tool that provides businesses, entrepreneurs and innovators a new way to discover intellectual property (IP) held by public sector institutions such as government, academia or other public sector institutions. A showcase of Canada’s research expertise, ExploreIP supports ground-breaking research and discoveries by stimulating collaborations to help launch the next big thing in innovation.

COVID-19 is an event that came into existence suddenly and in a matter of months changed the way the world works. As a result, this unprecedented crisis is having a significant impact on the global economy. However, it is clear that the importance and value of innovation is not affected by this crisis and it is the businesses that best position themselves and protect their innovations that will emerge from this crisis as leaders.

The vast array of platforms that gather under the inelegant moniker, Alternative Dispute Resolution (ADR), has populated the online digital field for years. As for using mediation, which is thought of as so reliant upon personal cajoling and persuasion, it has, against expectation, found considerable success in the online world, in some areas of dispute. Which does augur well for its use in IP disputes.

Until recently for young intellectual property professionals, learning their craft was much like walking down a well-worn path. Common strategies for dealing with obstacles encountered included asking mentors and peers, referring to industry guidelines or commentary, and following precedents and past practices that have proven successful.

The restrictions on workplaces resulting from provincial emergency orders and the need to physically distance have created a myriad of challenges for employers. Chief among these challenges is setting up or operationalizing remote working for employees.

Global companies are pivoting production lines to help address an increased need for personal protective equipment (PPE) in Canada. These efforts exemplify integrity and willingness to work towards a greater good. However, there has been no shortage of bad actors looking to profit in this crisis.

Organizations are now accepting BYOD as the new “normal”. Some may fail, however, to appreciate the risks that can arise with an employee’s use of their mobile device. To address these risks, organizations should review, update and revise accordingly the remote access, security and other policies in response to the increased use of personal mobile devices that access an organization’s information technology.