Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more protected (e.g., less risk of identity theft). However, similar to the boom in privacy developments and legislation related to the collection and use of more traditional personal information, the growth of biometric data use by businesses, law enforcement, employers and other…
The British Columbia decision Equustek Solutions Inc. v Jack[1] highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In today’s environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their competitive advantage?…
Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko). Rather than following the existing principle of ‘implied licence’, in its decision, the High Court adopted a US common law patent doctrine, which provides that a patentee’s monopoly rights over its inventions are ‘exhausted’ after sale (the exhaustion doctrine).…
The Cancellation Division of EUIPO has recently issued a resounding decision declaring the invalidity of the figurative trademark representing the “Flower thrower”, one of the most iconic Banksy’s mural paintings.
The motivations on which the decision is based are questionable since it seems to be willing to take a punitive stance against the British street artist due to his commonly known distaste for intellectual property rights.…
Introduction
In recent years there has been a remarkable effort to make Greece an attractive destination for the production of audiovisual works (eg, films, TV series and video games). The most important initiatives in this respect are:
the cash rebate state aid scheme, which covers 40% of eligible production costs; and
the tax relief incentive, which covers 30% of eligible production costs.
An audiovisual work may qualify for both the cash rebate scheme and the…
With the development of science and technology, cameras or mobile phones are now having various built-in shooting modes or parameters to facilitate photographers to quickly shoot assorted scenes or atmospheres, which is quite different from the traditional way that photographers need to adjust various parameters by themselves. Regarding whether the photographic works taken using the built-in shooting modes or parameters of the camera or mobile phone meets the requirements of the Copyright Act for “creativeness…
Suppose that you want to federally register a trademark that has a domain indicator like “.com” at the end that identifies a source of goods or services related to your business. The trademark may have a first part that is generic like “automobile” and a second part that is a domain indicator like “.com”. Should you attempt to register your trademark with the U.S. Patent and Trademark Office (USPTO)? Can you obtain a registration from…
Social media continues to offer an invaluable platform for natural products brands to engage and expand their customer base. In these times, consumers are using social media more and more—particularly on their mobile devices—to stay informed, explore new products, and shop.
This rapt audience allows brands to provide authentic and of-the-moment communications to their customers, develop brand ethos and drive sales. But, even with all the benefits of social media, just one misstep on intellectual…
Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective industries and sectors, to connect individuals across the country and to encourage collaboration, creativity and innovation amongst current and future innovators.
Canadian Innovation Week is being held virtually this year. Many of the week’s conversations concern efforts related to the fight against the…