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Competition

Beer, Reform, and Policy: A Pint of Chinese Trade-mark Law

Beer, Reform, and Policy: A Pint of Chinese Trade-mark Law

If you want to order a Heineken in China, just ask the bartender for a “喜力啤酒” (pronounced “see lee pee jow”). The second word-pair, “啤酒”(“pee jow”), simply means “beer” and can be ubiquitously used to order beer in China. But the first word-pair, “喜力” (“see lee”), is the trade name chosen by Heineken to represent […]

The UK Intellectual Property Office on the Impact of Lookalikes

The UK Intellectual Property Office on the Impact of Lookalikes

On May 31st, 2013 the UK Intellectual Property Office (“IPO”) released a report on its research into the “Impact of Lookalikes: Similar Packaging and Fast-Moving Consumer Goods”. The issue of lookalikes is a politically “hot” one in both the UK and the EU, as there is pressure from brand owners who seek more effective protection […]

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law

In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It should come as little surprise, then, that the principle of technological neutrality, recently employed by […]

The Future is Unfriendly for Mobilicity Acquisition by Telus

The Future is Unfriendly for Mobilicity Acquisition by Telus

The Federal Government recently announced it would not allow Mobilicity to transfer the wireless spectrum it owns to Telus, effectively blocking a deal for the incumbent to acquire the smaller new entrant. Many see this as a victory for consumers and a bolstering of the Government's initiative to spur competition in the wireless market, while others are concerned about the immediate future of […]

Beyond Knowledge and Consciousness – The Development of Liability for Misuse of Trade Secrets in the UK

Beyond Knowledge and Consciousness – The Development of Liability for Misuse of Trade Secrets in the UK

On May 22nd, 2013, the Supreme Court of the United Kingdom ("UKSC") decided the case Verstergaard, and in doing so created an important precedent concerning the relevance of subjective aspects of personal liability when misusing trade secrets and confidential information.

The Living Daylights (…Scents, Tastes, and Sounds): Bill C-56 Forebodes Drastic Trade-mark Reform

The Living Daylights (…Scents, Tastes, and Sounds): Bill C-56 Forebodes Drastic Trade-mark Reform

Bill C-56, a new and inevitably controversial piece of proposed legislation, was introduced on March 1, 2013. With the short title, Combating Counterfeit Products Act, the message seems simple, but contained within it are extensive proposals to change both the Copyright Act and the Trade-marks Act in Canada.