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…

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?

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…