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The Franchise Agreement and IP
The Franchise Agreement and IP

Marsha Simone Cadogan, Barrister & Solicitor A franchise agreement is a specific contractual relationship in which one entity (the franchisor) allows another (the franchisee) to use its business model as the basis for operating its…

Overview of IP Rights: What Your Business Needs to Know

Author: Marsha Simone Cadogan One of the important dynamics of a business strategy involves taking stock of the proprietary interests in the business and ensuring that adequate legal safeguards are in place to sustain its…

Unfair Competition: Why Passing Off Claims Fail

Author: Marsha Simone Cadogan, MSC Intellectual Property & Technology Law (MSC IPTL) Without proof of goodwill or reputation, passing off claims will not be successful. Absent this essential component of the passing off test, the…

Relationships, issues around intellectual property, emerging technologies

This article was originally published by The Lawyer’s Daily, (www.thelawyersdaily.ca) a division of LexisNexis Canada.” Author: Marsha S. Cadogan | 3 min read What is the relationship between emerging technologies and intellectual property (IP)? Innovations…

Blockchain & Intellectual Property: Three Intersections for 2020

2020 is bound to be a year marked with the development of greater and more sophisticated technologies. This will likely be the same narrative in the blockchain and distributed ledger technology (DTL) space. What are the most relevant relationships between intellectual property and blockchain and DTL?

Software Licensing and Copyright: Intersections

Author: Marsha S. 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…

Negotiating Collaborative Research Agreements

Author: Marsha Simone Cadogan, Barrister & Solicitor 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…

Can Comparative Advertising Go Too Far? Energizer v Duracell and Trademark Depreciation

Author: Marsha Simone Cadogan, Barrister & Solicitor As a manufacturer, making informed decisions on marketing your products to capture and maintain its market share is essential. The law allows comparative advertising if truthful, not disparaging…

An Explainer on Cross Border Personal Data Transfers: Helpful Measures for Businesses

Author: Marsha Simone Cadogan, Barrister & Solicitor. Your personal information is important – it likely includes private and confidential data that should not be widely known or shared with others. Data breaches have become more…

Royalties in Online Copyright Content

If the Court were to permit two royalties to apply to online copyright content that is either downloaded or streamed, the principle of technological neutrality[4] would be violated.

Certification Marks: Ownership and Issues

Author: Marsha Simone Cadogan, Barrister & Solicitor. Certification marks are trademarks that indicate to consumers that a product or service uses defined standards to distinguish its brand from that of others. While a mark may…

Trade Secrets Strategy

Protecting this information can be vital to the continued relevance of your products and services in consumer markets.

Pros, Cons of Blockchain Smart Contracts in IP Transactions

Author: Marsha Simone Cadogan, MSC IPTL To read the article in Lawyers Daily, click here.