A Canadian Intellectual Property, Technology and Branding Law
e-newsletter to keep you informed.
Canadian Trademark Reform
The Conservative Government has been increasing its efforts to amend the provisions of the Trade-marks Act.Presumably this is being driven by the negotiation of the Comprehensive Economic and Trade Agreement (CETA), the free trade agreement between Canada and the European Union.
A recent decision of the Federal Court confirms that an applicant for a trade mark must be in a position to show that it has continuously used the applied for mark from the date of first use until the filing date of the application.
A recent decision of the European Court of Justice considers technical protection measures (TPMs) in the context of videogames and provides some direction concerning the interpretation and application of the relevant provisions of the Copyright Act.