The Top Line
Insights on the latest legal news and developments from our expert lawyers,
with a handy top-line summary for busy people like you.
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Funding Fundamentals: Legal Aspects of Capital Raising
This first post in our Funding Fundamentals series outlines the key legal and strategic considerations for private companies exploring capital-raising options. From bootstrapping and traditional loans to equity financing, SAFEs, convertible notes, and grants, each funding method carries unique risks, benefits, and compliance obligations. Choosing the right model – and documenting it properly – is…
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Can a factual precedent bind another party?
Are prospective generics now collectively limited to one kick at the (in)validity can? And who gets to take the kick? Better hope they’re a good striker. A recent Federal Court decision prevented a generic from a pleading amendment on the basis of a prior finding involving a different party.
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Need funding for IP? Try IPON
If you are an Ontario business and you need funding to develop your intellectual property strategy, you could be eligible for funding from Intellectual Property Ontario (IPON). Our team can help you craft a grant application, as well as providing advice on how to develop your IP Strategy.
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Trademarks Shake-up: Making Sense of Recent Changes to Trademarks Practice
The Top Line A series of amendments to the Trademarks Act and Regulations came into effect on April 1, 2025 that introduce significant changes to proceedings at the Trademarks Opposition Board and Federal Courts. These amendments are intended to improve the efficiency of contested proceedings, to discourage undesirable conduct and abusive enforcement of trademark rights,…
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The AI and Copyright Dilemma: Can machines be authors?
A recent US copyright decision ruled that a generative AI (in this case, a system by Stephen Thaler named the Creative Machine) could not be an “author” for the purpose of copyright law. Fundamentally, copyright authorship can only be attributed to humans. These issues may also soon be decided in Canadian law.
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Thomson Reuters wins an early AI copyright battle for use of headnotes in training of computer models
Thomson Reuters obtained summary judgment against ROSS Intelligence, a legal AI startup that used headnotes from Westlaw to train a “question and answer” search engine for legal research. This win is an early victory in favour of copyright owners against tech firms looking to use data in their AI tools, and may be an indication…
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A Real dRAG: The Cross-Border Legal Pursuit of OpenAI
OpenAI is under fire from media giants in Canada and the United States. The New York Times’ US-based lawsuit could set the stage for the case in Ontario against the AI powerhouse. We provide an in-depth breakdown of the causes of action and issues to watch in this article.
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Listing date is confirmed as key date for addressing patents under PMNOC Regulations
In two recent Federal Court decisions, the Court confirmed that the critical date for determining which patents must be addressed under the PMNOC Regulations is the date a patent is listed on the Patent Register—not the date it was submitted for inclusion. A second person need not address patents that were submitted but not yet…
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CIPO Annual Fee Adjustment: 2025 Fees Now in Effect
Effective January 1, 2025, certain fees relating to intellectual property increased by 4.4%. Trademark owners and applicants should be aware of the annual adjustment for fees relating to trademarks, geographical indications and official marks to ensure compliance with the Trademarks Regulations and avoid administrative delays.
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