Ms. Laurence Bich-Carrière, a Litigation associate at Lavery, has authored an article entitled “Archives Internet : Quelques problèmes de preuve – Application particulière à la Commission des oppositions” that was recently published in Les Cahiers de propriété intellectuelle.
In this article, Ms. Bich-Carrière examines some issues raised by the use of the Wayback Machine (WBM), the Internet Archive’s search engine. The Internet Archive is a digital library whose objective is to store all Web pages. Ms. Bich-Carrière’s analysis begins with the usefulness and admissibility of this tool before the Canadian Trade-marks Opposition Board, the tribunal before which it is most invoked. The author’s analysis also includes broader considerations on the overall reliability of the WBM in view of evidence requirements found in Quebec and Canadian law as well as in some other jurisdiction.
To read this article (in French), click here.
