Intellectual Property

  • May 26, 2026

    Restituted art: Evolution of the legal framework

    During the Holocaust, Nazi Germany and its agents systematically looted approximately 20 per cent of Europe’s art, totalling an estimated 600,000 artworks. Although the restitution of these artworks and other cultural artifacts is very challenging work, the “legal framework” applicable has been evolving over the past few decades to the benefit of the families of despoiled victims.

  • May 22, 2026

    Trademarks: A sweet case, completed

    Last July we dealt with a decision of the Federal Court that has now been resolved (GRC Food Services Ltd. v. Chocoladefabriken Lindt & Sprüngli AG, 2026 FC 594).

  • May 20, 2026

    COPYRIGHT - Protected subject matter - Digital works - Ownership - Employee

    Appeal by Nexus Solutions Inc. (“Nexus”) from trial judge’s decision regarding ownership claim for creation of software. At issue in this appeal was the scope of s. 13(3) of the Copyright Act (the Act), which provided that an employer was the first owner of the copyright in a work created by an employee “in the course of” their employment.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    CSIS must obtain warrants to search devices tied to people with a Canadian nexus: Federal Court

    The Federal Court has ruled that CSIS must obtain judicial authorization before searching copied phones and other electronic devices obtained from foreign allies in domestic national security investigations involving people connected to Canada.

  • May 12, 2026

    Federal Court of Appeal clarifies test for clearly descriptive composite trademarks

    In January 2025, we discussed the Federal Court’s decision in Auberge & Spa Le Nordik Inc. v. Therme Development (CY) Ltd., 2024 FC 1765. In this case, the applicant had sought to strike specific services from the registrations for THERME, THERME GROUP, THERME WOMANS HEAD LOGO and THERME WOMAN LOGO owned by Therme Development (CY) Ltd. (TD), mainly related to health spa resort services.

  • May 11, 2026

    Federal regulators to examine AI impacts on competition, privacy and broadcasting

    The Canadian Digital Regulators Forum (CDRF) is hosting an interactive workshop that will bring together regulators and stakeholders to discuss the growing impact of artificial intelligence across competition, privacy, copyright, telecommunications and broadcasting policy, according to a May 11 release.

  • May 11, 2026

    MP’s deepfakes bill would burden platforms, privacy lawyer says

    On May 6, Liberal member of Parliament Michael Coteau introduced a private member’s bill in Parliament to regulate the online use and dissemination of deepfakes, but high-profile privacy lawyer David Fraser warns that the proposed law will place an undue burden on digital platforms.

  • May 11, 2026

    Intellectual property protections: Opportunity to assess during upcoming CUSMA joint review

    July 1, 2026, marks the sixth anniversary of the Canada-United States-Mexico Agreement (CUSMA) and its first mandatory joint review. While the review is intended to assess CUSMA’s operation and consider modifications rather than serve as a full renegotiation, the current environment may expand its scope.

  • May 08, 2026

    Privacy commissioner calls for permanent funding, prioritization of privacy

    In remarks delivered to the House of Commons, the Privacy Commissioner of Canada emphasized the “impact of a rapidly evolving technological environment,” called for modernization of federal privacy laws and advocated for permanent funding of his office.