snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: May 2012

Originality and Cartoon Characters – Supreme Court to Hear Cinar/Robinson Copyright Cases

Posted in Copyright

The Supreme Court recently granted leave to appeal in four copyright cases arising from the decision of the Quebec Court of Appeal in the France Animation v. Robinson, 2011 QCCA 1361 case. Robinson alleged that Cinar’s cartoon Robinson Sucroë was a copy of his own work Robinson Curiosité. The trial judge found infringement and the Court of Appeal upheld the judgment, in part, but reduced the damages award.

The cases canvass many copyright issues including:

  • the application of the standard of originality to partially completed work
  • the test for infringement when there has been substantial alterations and improvements
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OIPC Cloud Computing Guidelines for BC Public Bodies

Posted in Contracting/Outsourcing, Privacy, Regulatory Compliance

Recently, the Office of the Information and Privacy Commissioner for British Columbia published cloud computing guidelines for public bodies in British Columbia. The purpose of the guidelines is to provide information to public bodies about how BC’s Freedom of Information and Protection of Privacy Act (BC FIPPA) applies to cloud computing.

What is Cloud Computing?

Cloud computing is an increasingly popular on-demand service model for IT provision, often based on virtualization and distributed computing technologies. It typically involves the provision of web-based services, such as online file storage and applications, using hardware and software managed by the service provider. For

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Tips for Tech Companies Looking to Be Acquired

Posted in M&A/Finance

In the organised chaos of running a business, many issues naturally get overlooked until an acquisition is on the table. Stopping for a moment in the early stages to think through deal strategy, due diligence and the acquirer’s needs, saves costs and gets the deal closed. At a recent McCarthy Tétrault seminar, “Are You Ready to be Acquired“, the speakers offered the following tips to tech companies contemplating a sale - to better ensure that the acquisition process runs smoothly:

  1. Obtain current market information so you can gauge financial buyer and/or strategic buyer interest in your market, sector
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Responding to Canadian Patent Office Objections: Breadth of Claims

Posted in Intellectual Property, Patents

This is part of a series of posts reviewing common Canadian Patent Office objections to patent applications and claimed inventions and providing some insight into how these objections may be addressed.

The Objection

In a standard objection, the patent examiner asserts that the claims do not comply with section 84 of the Patent Rules because they are broader in scope than the teachings of the description. Frequently, the examiner will request that the claims be amended to incorporate an “essential element” identified from the disclosure.

The Regulatory Provision

The Patent Rules are subordinate legislation enacted pursuant to section 12 of … Continue Reading