Two omnibus budget implementation bills (Bill C-31 in 2014 and Bill C-86 in 2018) will result in substantial changes to Canada’s trademarks regime.
Category: IP Practice and Law
Infringing Use as a Defence to Infringement
Can a trademark infringer argue that its own infringing use has rendered the trademark unenforceable?
In Canada, absolutely yes, though the prospects of success in that argument will depend on the facts. A trademark can become unenforceable if it ceases to be distinctive of the owner (s. 18(1)(b), Trade-marks Act).
DMCA Notices Interdict Online Distribution of Infringing Software
Beyond being useful to remove infringing images, videos and articles from web pages, Digital Millenium Copyright Act (“DMCA”) notices can be used to interdict online platforms and fulfilment services that support the distribution and sale of infringing software.
Canada to implement the #Madrid Protocol, Nice Agreement and Singapore Treaty
Canada’s legislation implementing the Madrid Protocol, the Nice Agreement and the Singapore Treaty takes effect on June 17, 2019. While Canada will begin using the Nice classification, it will maintain the requirement to specify goods and services. Canada is also eliminating the requirement to declare whether and when the trademark was used in Canada.
Significant Changes to Canadian IP Legislation
In the evening of October 29, the Canadian government tabled Bill C-86. Mimicking the previous conservative government's approach, the so-called Budget Implementation Act, 2018, No. 2 is an omnibus bill containing very significant changes to IP legislation.