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![]() Home Invasion One April evening, around 5.00 p.m., a ten-year-old boy was playing outside the family home waiting for his parents to return when he was approached by a group of five adults, all strangers to him. The strangers asked the boy for the key to his home and for his father's cell phone number. Neighbours noticed what was happening and intervened. The Third Wave -- The Supreme Court of Canada Takes on Trade-Marks Canada's top court will decide three trade-mark appeals this year. After a dry spell of years in which there had been a dearth of Supreme Court of Canada decisions in intellectual property law, the past five years has seen the Court handle a first wave of IP cases in patents, a second wave of copyright appeals and now in 2005 a final wave of trade-mark cases. Recognizing the Copyright Balance in the Digital Context This article briefly explores how two recent copyright developments, the Federal Court of Appeal decision in BMG Canada Inc. v. John Doe RIM This month brought a significant decision from The United States Court of Appeals for the Federal Circuit in the case of Copyright Board, recording industry focus on digital music issues Henry Lue and Jenna Wilson discuss recent copyright developments for musical works, focusing on the new tariff for audio recording media set by the Copyright Board in December 2003. This article was originally published in The Lawyers Weekly, February 6, 2004. Trade-mark battle pits television against the Internet Bruce Stratton reviews a recent Federal Court decision which addressed the extent of protection enjoyed by a trade-mark owner against a nearly-identical domain name. This article was originally published in The Lawyers Weekly, December 5, 2003. Amendments to tackle small entity patent fees issue Mark Eisen and Angela Furlanetto recount the small entity fee uncertainty in Canadian patent practice that resulted after the Federal Court decisions in Dutch Industries Ltd. v. The Commissioner of Patents and the proposed amendments to the Patent Act intended to address retroactive fee payments. This article was originally published in The Lawyers Weekly, September 26, 2003. Arts and Crafts: The Patentability of Business Methods in Canada Mark Eisen reviews Canadian patent practice as it relates to business methods, in view of the 1998 U.S. Federal Circuit Court of Appeals decision in State Street Bank v. Signature Financial. Whirlpool and Free World Trust – Claim Construction and the Test for Patent Infringement Dino Clarizio explores the implications of the two newest leading cases on patent infringement and claim construction. |
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