Intellectual Property

Events & Seminars

  • September 9, 2016
    11:15 am - 12:30 pm

Sacha R. Paul and Meghan Ross will be speaking on The Basics of Judicial Review during a Law Society of Nunavut professional development event.

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  • October 5, 2016
    8:30 am - 5:00 pm

The 2016 Westman Human Resources Conference will provide managers and HR professionals with practical, easily implementable strategies to enhance employee productivity and avoid common HR pitfalls. Stephen Beernaert will be speaking on Common Employment Law Mistakes and How to Avoid Them.

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  • October 13, 2016
    7:30 am - 3:30 pm

Join the Canadian Manufacturers and Exporters in Morden on October 13. CME’s annual Southern Manitoba Manufacturers’ Summit will feature industry-leading keynote speakers, breakout presentations spotlighting local manufacturing success stories and exhibits from industry and service providers. The theme of the event is “The Sustainable Business” – Managing your pillars of sustainability in the workplace; Social, Economic and Environmental. TDS is proud to be a sponsor of this event.

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Intellectual Property Overview

Our firm assists its clients with respect to all of their intellectual property needs, including, acquisition, use, development, registration, licensing, protection, financing, enforcement and sale. We provide advice to a broad spectrum of clients, including major financial institutions, technology related companies, computer software distributors and small businesses. Our lawyers negotiate, prepare and review a wide range of agreements relating to the protection, securing and licensing of copyright, trademarks, trade secrets, plant breeder rights, patents and industrial design. Our firm renders registrability and infringement opinions and prepares and files applications for copyrights, trademarks, industrial designs and plant breeder rights. We can also perform intellectual property audits for our clients to assist in the protection of their intellectual assets.

  • Copyright
  • Industrial Design
  • Intellectual Property Audits
  • Trademark
  • Patents
  • Plant Breeder Rights
  • Security Interests in Technology Assets
  • Software Licensing
  • Technology Asset Financing
  • Trade Secrets and Confidential Information

TDS Law, or our lawyers are members of the following...

  • International Trademark Association Logo
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  • The Federal Court of Canada has recently declared that business methods are not excluded from patentability. It has quashed the decision of the Commissioner of Patents not to allow the patent application for Amazon.com’s “1-click”. The Court stated that business methods, like any invention, are to be assessed in terms of the categories of art, machine, process, manufacture or composition of matter. Business methods should not be given their own category of exclusion according to the Federal Court. This decision aligns with the law in the United States. The U.S. Supreme Court recently rejected a strict “machine or transformation” test for subject matter, stating that it is too rigid. The Canadian Court echoed this by stating that it is crucial to remain focused on the requirement for practical application rather than merely on the physicality of the invention.

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  • If your technology start-up business is looking for venture capital financing, the performance of an intellectual property audit (“IP Audit”) is essential to avoid delays in obtaining such financing. IP Audits are an important mitigation strategy to consider prior to any licensing, financing, merger or transfer.

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  • There aren’t many businesses out there that don’t have some form of intellectual property (IP) worth protecting. IP can take many different forms. These include patents, trademarks, trade secrets, copyrights and important intangible assets, such as domain names. Did you know that there is a presumption that where an employee makes an invention, the invention belongs to the employee and not the employer?

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  • Are you thinking about joining the Manitoba delegation to BIO 2016? BIO attracts over 15,000 biotechnology and pharma leaders who come together for one week of intensive networking to discover new opportunities and promising partnerships.

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  • Russell D. Dufault will be doing a webinar on Music Infringement: Would the "Blurred Lines" Case Be Different in Canada for The Canadian Bar Association, along with William Genereux, of Genereux Law.

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  • Roy Johnston TDS (the Brandon office of Thompson Dorfman Sweatman LLP (‘TDS’)) and Acumen Corporate Development Inc. (‘Acumen’) are holding a half-day summit for companies that want to learn strategies to accelerate growth and enhance the intrinsic value of their businesses.

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  • TDS Law is sponsoring Centrallia. Centrallia is a Global business-to-business forum designed for businesses seeking new opportunities. The focus of Centrallia is on business development locally, nationally and internationally.

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  • The VA Angels will be holding an event in the DA Thompson Boardroom on Thursday, June 25th. The event will be attended by angel investors, as well as start-up and emerging companies looking for capital.

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  • The shareholders of Wolf Trax Inc., a privately held corporation that develops and distributes innovative plant nutrition products, sold all of that corporation’s shares to Compass Minerals for $95 million. The closing date of the transaction was April 1, 2014.

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