Articles

CIPR Vol#35: Prospects and Limits of Blockchain Technologies in Global Protection of Food-based GIs

Authored by Marsha S. Cadogan, the article on blockchain technologies intersection with geographical indications is available for download from IPIC's Canadian Intellectual Property Review webpage (published March 11, 2020). The article deals with (i) blockchain technologies use in the IP space, (ii) how blockchain technologies, including smart contracts may be useful to geographical indication...

How Distinctive is your Non-traditional mark?

Marsha S. Cadogan | MSC Intellectual Property and Technology Law Before June 17, 2019, Canada's Trademark space was not overly receptive to the registration of all types of non-traditional marks. There was no statutory basis of protecting these marks. Although 2012 marked a turn-around year in Canada's Trademark history by the Federal Court decision that sound marks are registrable, it was only...

Are You Doing Business Abroad? Helpful Insights From CIPO

Author: Marsha S. Cadogan | MSC Intellectual Property & Technology Law How countries deal with intellectual property can sometimes be very different. Differences may pertain to terminologies used, the substantive law at issue, or to procedural matters. The Canadian Intellectual Property Office (CIPO) recently published three information guides on doing business abroad. The guides relate to...

What KitKat and Rubik’s Cube have in Common

Author: Marsha S. Cadogan, MSC Intellectual Property and Technology Law Let's talk about trademark disputes in the European Union. Is KitKat's chocolate shape a trademark? How about the Rubik's Cube? Not in the European Union (EU). These two particular disputes could happen in Canada, especially since three-dimensional signs are registrable under our Trademarks Act. Who may find this information...

Copyright Infringement In the Music Industry- Settlement

Author: Marsha S. Cadogan, MSC Intellectual Property and Technology Law The music industry is no stranger to copyright litigation. Copyright infringement occurs when someone does something (whether copies, uses, sells, distributes, accesses, makes public etc.) without the right holders permission. Some of the more well-known copyright infringement disputes include the award of damages against...

International Trademark Registrations – Update

The Madrid Protocol recently celebrated a milestone – the 1.5 millionth registration of trademark on the platform (Colombian textile brand Coltejer) . In 2019, Canada was among three countries that joined the Madrid Protocol (Brazil and Malaysia were the new entrants). This is momentous. The Madrid Protocol is an international registry system that makes possible the filing of one application...

What the Lisbon Agreement means for Geographical Indications Protection

Author: Marsha S. Cadogan Recent news that the European Union (EU) will join the Geneva Act of the Lisbon Agreement for the Protection of Appellations of Origin and Geographical Indications, ( Lisbon Agreement ) on Feb. 26, 2020, has once again put a spotlight on GI designations. GIs are symbols or words that convey that there is a directly traceable and unique relationship between a product and...

Why Intellectual Property Strategy Matters To Your Business

Marsha S. Cadogan, MSC Intellectual Property and Technology Law An intellectual property strategy (IP) is a set of policies and actions that shape how firms create, manage, commercialize and protect their intangible assets. An IP strategy may make the difference between failure and success. When an IP strategy is effective, business ventures are more likely to be successful. A solid IP strategy...

Blockchain & Intellectual Property: Three Intersections for 2020

Author: Marsha S. Cadogan, MSC Intellectual Property and Technology Law 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? See three relevant...