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Author Archives / Daniel G.C. Glover

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A Massive House-Cleaning: Canadian Government Tables Five New IP Treaties

Posted in Intellectual Property, Patents, Trade-marks

On January 28, 2014, the Government of Canada signalled its intent to transform  its intellectual property regimes by tabling five intellectual property law treaties in Parliament. If implemented into domestic law, these treaties would harmonize Canada’s trade-mark, patent and industrial design legislation with its major trading partners. Following a 21-sitting-day waiting period, the Government will… → Read More

The Treacherous Gap Between Goods and Services in Trade-marks Law

Posted in Intellectual Property, Trade-marks

Although it may seem arbitrary to a layperson, the gap in legal treatment between trade-marks for goods and trade-marks for services is treacherous for trade-mark owners. This gap can result in the loss of valuable rights, or the inability to enforce important trade-mark registrations. The recent NetJets case discussed below highlights how even a valuable… → Read More

SCC Strikes Down Alberta Privacy Legislation on Speech Grounds

Posted in Privacy

This morning, the Supreme Court of Canada released Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, an important decision relating to the intersection of freedom of expression and protection of privacy and, in the process, struck down Alberta’s Personal Information Protection Act, SA 2003, c. P-6.5 (… → Read More

Manitoba Joins the Ranks of Other Provinces in Enacting its Own Private Sector Privacy Legislation

Posted in Privacy

The government of Manitoba recently enacted the Personal Information Protection and Identity Theft Prevention Act (“PIPITPA”) to regulate the collection, use and disclosure of personal information by the private sector in Manitoba.[1] The statute has not come into force but this enactment is momentous, as it will enable Manitoba to join the ranks of Alberta,… → Read More

New Electronic Health Records Legislation on the Horizon in Ontario

Posted in Privacy, Regulatory Compliance

The Liberal government in Ontario has introduced significant new amendments to its health privacy legislation, the Personal Health Information Protection Act (PHIPA). While there are many important aspects to the new legislation, one key aspect involves significant new responsibilities imposed on “prescribed organizations” or “PO”s in the proposed amendments to PHIPA. Sections 55.1 and 55.12… → Read More

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… → Read More