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Assignments, Licence and Security Interests in Copyright
Assignments, Licence and Security Interests in Copyright

Author: Marsha Simone Cadogan Copyright arises automatically when a work is created, is in a fixed format, and is original. Although registration is not mandatory under Canada’s Copyright Act, registration provides proof of ownership of…

Updates to Plant Breeders’ Rights Regulation

Author: Marsha Simone Cadogan The Plant Breeders’ Act grants rights to breeders of new plant varieties. Its regulations provide specific information on how the law applies in Canada, covering the filing of applications, the extent…

New Plant Varieties as Intellectual Property

Author: Marsha Simone Cadogan Plant Breeders’ Rights give developers of new plant types exclusive rights to grow and sell their plants. A plant variety is recognized by law (Plant Breeders’ Rights Act)[1] as a plant…

Comparative Advertising and Trademark Depreciation Claims

Author: Marsha Simone Cadogan The law allows comparative advertising if it is truthful, not misleading, and complies with trademark, consumer protection, and competition laws. The rules governing the distribution and marketing of products are set…

Certification Marks and Licensing

Author: Marsha Simone Cadogan Certification marks are trademarks that indicate that specific standards are used in the manufacturing of a product or the performance of a service. Through standard setting, these marks are intended to…

Geographical Indications and Trademark Rights: Differences

Author: Marsha S. Cadogan Where a product comes from and how it is produced can be important to safeguarding it as intellectual property. This is the central significance of geographical indications  – a form of…

Negotiating Collaborative Research Agreements

Author: Marsha S. Cadogan, Research institutions sometimes require complementary know-how, capital, or other resources to adapt their research output to industry specifications. Collaborative research agreements are contracts between two or more parties about a product’s…

Software Licensing and Copyright: Intersections

Author: Marsha Simone Cadogan Software licensing plays an integral role in a technology’s commercialization andmanagement strategy. Understanding the intellectual property (IP) aspects, such asidentifying the software’s proprietary content and how the law protects it in…

Passing Off and Trademark Rights

Author: Marsha Simone Cadogan The Trademark Act does not prevent businesses from using similar names unless infringement, unfair competition or trademark depreciation can be established.[1] When a plaintiff asserts that another company is passing off…

Sports Broadcasters’ Rights and Dynamic Site Blocking Orders in Canada

Author: Marsha Simone Cadogan Copyright in Sport Broadcasters’ Right The Copyright Act,[1] grants broadcasting organizations sole rights in their communication signals.[2] Copyright in sports communication signals is often one of broadcasting organizations’ most relevant intellectual…