snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: April 2012

Hot Off the Press – Doing Business in Canada 2012

Posted in Copyright, Intellectual Property, M&A/Finance, Patents, Privacy, Trade-marks

If your organization is currently thinking about establishing or acquiring a technology business in Canada, the 2012 edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada. Each section offers timely information, up-to-date legislative provisions and insightful commentary on different areas of law. After downloading the guide, we encourage you to consult one of our lawyers for a more comprehensive analysis … Continue Reading

Cloud Computing, the B-10 Outsourcing Guideline and OSFI

Posted in Contracting/Outsourcing

Recently, the Office of the Superintendent of Financial Institutions (OSFI) released a memorandum reminding federally-regulated financial institutions (FRFIs) that OSFI’s revised Guideline B-10 “Outsourcing of Business Activities, Functions and Processes” applies to new technology-based outsourcing arrangements, including cloud computing.

In the short memorandum, OSFI:

  • acknowledged that these new technology-based services may offer opportunities and benefits for FRFIs but cautioned FRFIs that they need to consider and manage the risks associated with the unique features of these services (including issues surrounding location of records.)
  • reminded FRFIs that the expectations in the Guideline apply to these services.

The Guideline sets … Continue Reading

The Lion Roars – But Can It Be Trade-marked?

Posted in Intellectual Property, Trade-marks

As followers of the Canadian trade-marks scene will almost certainly have learned, last week Metro-Goldwyn-Mayer succeeded in a long-running battle with the Canadian Intellectual Property Office in getting a trade-mark registration for its longstanding “roaring lion” sound mark. As was widely reported, the Federal Court issued an order setting aside the decision of the Trade-marks Office refusing MGM’s application. The Office then quickly issued a new sound mark practice notice indicating that it would accept other sound mark applications.

The practice notice cautions that “where a sound mark is considered to be functional and/or clearly descriptive or deceptively misdescriptive, an … Continue Reading