Publications

August 31, 2020

Federal Court clarifies the assessment of patent-eligible subject matter in Canada

In Yves Choueifaty v. Attorney General of Canada1, the Federal Court of Canada has issued a significant decision concerning the assessment of patent-eligible subject matter, including the approach to be used for such assessment during the examination of Canadian patent applications. Historical (…)

August 10, 2020

Intellectual Property: New Options for Patent Ownership Disputes

Since 1995, the Federal Court of Canada has refused to hear questions relating solely to patent ownership. In Lawther v. 424470 B.C. Ltd.1 the Federal Court declined jurisdiction, stating that “[t]his Court has no jurisdiction to entertain a dispute which is solely a matter of contract”, thereby (…)

July 22, 2020

Important Changes to the CEWS announced: will you now be eligible, and what should you consider?

The Canada Emergency Wage Subsidy (the “CEWS”) is a key component of the Government of Canada’s COVID-19 economic response plan. The purpose of the CEWS, adopted on April 11, 2020, is to help Canadians keep their jobs during the crisis and help companies maintain an employment relationship with (…)

July 16, 2020

Further COVID-19 Update on Canadian IP

The Canadian Intellectual Property Office (CIPO) has now made a further announcement concerning the extension of deadlines, to the effect that  deadlines falling within March 16 to August 7, 2020, are extended to August 10, 2020. CIPO is otherwise still open for business and our IP team members (…)

June 26, 2020

Sale of a Business: New Tax Planning Option

The sale of a business is often the most significant business transaction in an entrepreneur’s life. In addition, the net proceeds from such a sale often represent an entrepreneur’s only retirement fund. Therefore, it is crucial to maximize such proceeds by reducing or deferring the taxes resulting (…)

June 16, 2020

Resumption of Mergers and Acquisitions: What May Change After the Crisis

The COVID-19 crisis has significantly slowed economic activity in all respects. The area of corporate mergers and acquisitions is no exception, and the level of activity, which was high before the crisis, has dropped significantly because of it.   It is difficult to predict when and at what pace (…)

June 9, 2020

COVID-19: Support for Agriculture and Agri-Food Businesses in Quebec and Canada

It goes without saying that the economic upheavals caused by the COVID-19 pandemic are posing countless challenges for all companies, whether or not they are pursuing their activities within the limits imposed by the governments of Canada and Quebec. Food producers such as agricultural and food (…)

June 5, 2020

Improving Cybersecurity with Machine Learning and Artificial Intelligence

New challenges The appearance of COVID-19 disrupted the operations of many companies. Some had to initiate work from home. Others were forced to quickly set up online services. This accelerated transition has made cybersecurity vitally important, particularly considering the personal information (…)

June 3, 2020

Travel and Immigration: Update on Restrictions in Canada

If you have any questions about this publication, please contact Nicolas Joubert. Thanks to David Nachfolger for his contribution to this article. Since the start of the COVID-19 pandemic, Canada has imposed a series of travel and immigration restrictions for all travelers who are not Canadian (…)

May 29, 2020

Natural Products and Pharmaceutical Innovations: What are the Patent Options?

Natural products play an important role in pharmaceutical innovation. They are active components in many medicines. For example, nearly half of the small molecules used to treat cancer are natural products or directly derived from natural products.1 They are also components of vaccines. The (…)

May 22, 2020

Return to Work After COVID-19: What Plans Should You Make?

As an employer, you are probably preparing for the reopening of the workplace in a pandemic setting and actively planning for your employees’ return to work. To help you in your thought process and preparations, we have prepared a list of items that you should address or consider in order to make (…)

May 21, 2020

E-commerce: Protecting Your Work

As distribution channels with a global reach, websites are a powerful tool for doing business, and during the pandemic, they even play a critical role. A website consists of a set of webpages accessible from an address hosted on a server through the internet or an intranet. A website is a (…)

May 14, 2020

E-commerce: Your Obligations regarding Consumer Protection and Competition Matters

Before selling your products and services online, you will need to determine the form and content of your contract, and ensure that you comply with the provisions of the Consumer Protection Act (the “CPA”). The CPA applies to any contract between a consumer and a merchant entered into in Quebec, (…)