Intellectual Property

Events & Seminars

  • September 22, 2015
    7:30 am - 12:30 pm

BDO Canada, Thompson Dorfman Sweatman LLP (TDS Law), Blackwood Family Enterprise Services (Blackwood), and the Canadian Association of Family Enterprise (CAFE) are holding a seminar, Successfully Transitioning the Family Business on September 22nd.

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  • September 24, 2015
    12:30 pm - 5:30 pm

  The VA Angels will be holding an event in the D.A. Thompson Boardroom on Thursday, September 24 at 5:30 p.m. The event will be attended by angel investors, as well as start-up and emerging companies looking for capital. About VA Angel Events The average presenter has been in business for at least two years, […]

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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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  • 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 World Trade Centre Winnipeg (WTC Winnipeg) in partnership with the National Research Council of Canada (Industrial Research Assistance Program – IRAP) is organizing a special 2-day training for companies looking to expand into Europe through a Research & Development (R&D) partnership with the Eureka Network.

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  • Is your organization compliant with Canada’s Anti-Spam Legislation ("CASL")? What steps have you put in place to ensure your organization will follow the new rules for sending commercial electronic messages (for example, emails, SMS messages, social media posts)? CASL will be coming into force on July 1, 2014. CASL is considered to be one of the toughest laws governing commercial electronic messaging in the world. CASL’s reach extends beyond what is commonly thought of as “spam”. Does your business, corporation, or non-profit organization use commercial electronic messages to communicate with customers, prospective customers, or others in a commercial context? Does your organization use social media platforms such as Facebook or LinkedIn to promote its products or services? If so, it is imperative that you understand your compliance obligations and begin compliance preparations now.

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  • We are pleased to announce that Compliance Day™ will be returning in 2013 for its second year. Compliance Day™ is a half-day seminar covering a range of legal topics related to compliance. Based on feedback we received from attendees in 2012, we have changed the format of the event. In 2013, we will be running three concurrent streams, allowing specialists to attend the stream that is relevant to their area of responsibility without needing to sit through sessions of little relevance to them. The streams have been separated into Labour and Employment Compliance, Technology and Privacy Compliance, and Tax Compliance.

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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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