Intellectual Property
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October 31, 2024
AI’s (in)ability to reason and what it means for lawyers
One of the most difficult aspects of my role at Fasken is telling lawyers that their great idea for the use of artificial intelligence (AI) in their practice is not possible today and may not be possible for some time to come. (Note: Although not all AI is generative AI, for the purpose of this article, they’ll be used largely interchangeably as they often are in day-to-day life.)
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October 30, 2024
The Ontario Land Tribunal: A gradual erosion of access to justice | Brian Cook
Once upon a time in Ontario, there was a robust tribunal system dedicated to environmental and planning issues. While by no means perfect, the system featured adjudicators who had subject matter and dispute resolution expertise. It was possible for citizens and community groups to appeal local land use decisions to what is now the Ontario Land Tribunal and participate in hearings by presenting oral testimony and making submissions.
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October 29, 2024
PATENTS - Infringement - Grounds - Defences to infringement - Anticipation (lack of novelty)
Appeals by plaintiff and defendant from single decision of federal court that addressed patent infringement allegations and patent validity related to several patents. The plaintiffs alleged that the defendant infringed and were infringing six Canadian patents. The defendant denied infringement and alleged that all the patents in suit were invalid on various grounds.
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October 29, 2024
Google approved for $100M annual contribution, 5-year exemption from Online News Act
The Canadian Radio-television and Telecommunications Commission (CRTC) has approved Google’s application allowing a $100 million annual contribution to Canadian news organizations through the Canadian Journalism Collective (CJC). It is the first decision made under the Online News Act Application and Exemption Regulations.
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October 28, 2024
Cineplex files appeal of $39M Competition Tribunal decision
Cineplex has filed a Notice of Appeal against a Competition Tribunal decision that ordered the company to pay $38.9 million in penalties for drip pricing through its practice of charging a mandatory $1.50 online booking fee.
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October 28, 2024
EU is not United States of Europe yet
The European Union (EU) is a community of states created after the Second World War by a few European countries, and it is now one of the major players on the international stage.
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October 24, 2024
Federal Court deals partial setback to $4B class action against Meta, Google over alleged conspiracy
The Federal Court has allowed motions to strike a plaintiff’s claims against tech giants Google and Facebook owner Meta for alleged breaches of the Competition Act for conspiracy, finding the companies did not enter into an agreement as competitors.
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October 21, 2024
Cybersecurity recovery costs for businesses soared to $1.2B in 2023 despite fewer incidents
Canadian businesses spent approximately $1.2 billion on recovery from cybersecurity incidents in 2023, up from approximately $600 million in 2021, despite a decline in the proportion of Canadian businesses impacted by such incidents, according to Statistics Canada's Canadian Survey of Cyber Security and Cybercrime (CSCSC).
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October 18, 2024
Federal Court finds accounting of profits needs recalculation in passing off case
The Federal Court has determined that an accounting of profits must be recalculated in a case where passing off was established in the sales of luggage to the detriment of Switzerland-based Wenger, the maker of SwissGear luggage.
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October 18, 2024
Associate promoted to partner at Tyr LLP
Cole Meagher has joined the Tyr LLP partnership, a recent news release from the firm announced.