Teresa Scassa - Blog

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Friday, 26 September 2014 10:20

All Fun and Games Until Somebody Loses a Statute

Written by Teresa Scassa
A year ago in November, the Supreme Court of Canada struck down Alberta’s Personal Information Protection Act (PIPA) on the basis that it violated freedom of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedom. It did so by not appropriately striking the balance between the rights of striking works to express themselves in the context of a labour dispute and the privacy rights of others. In Information and Privacy Commissioner…

Monday, 15 September 2014 08:25

Official Marks Reform Still Sorely Needed

Written by Teresa Scassa
A recent decision of the Federal Court highlights the need for reform to the official marks regime under the Trade-marks Act. As discussed in an earlier blog post, official marks are a kind of ‘super trade-mark’ available to ‘public authorities’ in Canada. A public authority has been interpreted by the courts as an entity that is under government control and that acts for the public benefit. Official marks are not subject to the rigors of…

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