Intellectual Property + Technology
Intellectual Property + Technology
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IP Explained

You need a practical, cost-effective intellectual property (IP) strategy that achieves the goals of your business. We collaborate with you to develop and implement your strategy, through the registration of IP rights, commercialization, enforcement, and protection of your IP in the jurisdictions where you need it. This leaves you free to get back to the field, the lab, or the prototype, and the next brilliant idea. It is important to have experienced counsel to help as you negotiate confidentiality agreements, license agreements and IP purchase-and-sale agreements. We also provide advice on disputes, litigation, infringement and enforcement of IP rights.

IP covers patents, confidential information, trademarks, copyrights, and industrial designs. It includes information, technology and any know-how that is not registrable but is nonetheless protectable.

IP rights apply across industries and sectors and include both the tangible and intangible:

  • Equipment and process improvements and designs
  • Ideas not yet reduced to practice
  • Software, automation, and computer-based systems
  • Know-how around making and operating improved equipment and processes, and
  • Brands and marks that provide goodwill, and “trade dress" that can be used to a competitor's advantage

To learn more about how to protect and manage your intellectual property rights, visit:

Contact Laura MacFarlane at lmacfarlane@fieldlaw.com or 403-260-8577, or any one of our team of IP professionals to discuss your IP needs and get an initial assessment of your IP strategy. Click here to sign up to receive invitations to seminars, webinars and events as well as email alerts with the latest information on Intellectual Property + Technology. 

May 2024 - 3 min read
What Happens When Your Trademark Evolves?
Trademarks often evolve as part of a brand refresh or rebrand, raising important questions about maintaining trademark rights. Before undertaking a brand refresh, consult your trademark agent to determine if a new trademark application...
May 2024 - 5 min read
Proving Use of a Trademark on Social Media
Trademarks frequently become points of contention among competitors, with social media posts now playing a significant role as evidence in these disputes. It's essential for business owners to seek guidance on how to appropriately ...
March 2024 - 3 min read
Balancing Innovation + Integrity: Navigating AI's Impact on the Legal Profession
A Cautionary Tale In a recent and notable incident in British Columbia, the legal profession was given a stark reminder of the pitfalls associated with the use of Artificial Intelligence (AI) in legal practice. A Vancouver lawyer faced repercussions...
November 16, 2023
Bow Valley Business Series: Intellectual Property 101
Lunch + Learn
As a business in the Bow Valley region, you’re no stranger to the challenges and opportunities our unique business landscape presents. Join us for a series of complimentary lunch and learns designed to help you navigate these challenges effect...
October 2023
IP Explained: 5 Common Copyright Myths
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
September 2023 - 6 min read
Addressing the Legal Issues Arising from the Use of AI in Canada
In September 2023, the Canadian government released new guidelines highlighting the increasing impact of Artificial Intelligence (AI) on businesses. Intellectual property, liability, data privacy, bias, transparency, ethics, and govern...
August 2023
The Best Lawyers™ in Canada 2024
43 Lawyers Recognized
Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2023
IP Explained: Timing Considerations for Filing a Patent Application
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
July 2023
IP Explained: Is My Invention Patentable?
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
June 2023
IP Explained: Who Owns a Company's Intellectual Property?
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
May 2023
IP Explained: The Basics
What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP. ...
January 2023 - 6 min read
How a Woman Uses an Obscure Legal Tool to Expose Online Trolls in Court
Canada Today
When a woman turned to leaders at The Meeting House megachurch in southern Ontario with allegations that her former pastor had sexually abused her, the ensuing investigation forced the pastor to resign and resulted in a reckoning that led to a drop in ...
September 2022 - 2 min read
Excess Patent Claim Fees are Coming to Canada - Keep Calm and Carry On
Amendments to Canada’s Patent Rules, coming into force on October 3, 2022, will introduce excess claim fees into Canada’s patent regime (among other changes). If examination of a Canadian patent application is requested on or after Oct...
August 25, 2022
The Best Lawyers™ in Canada 2023
38 Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 17th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer review...
August 2022 - 3 min read
The Artificial Intelligence and Data Act… Coming Soon to AI Near You
In June 2022, the Government introduced Bill C-27, an Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. A major component of this propose...
July 2022 - 3 min read
Accessing Venture Capital: Five Practical Tips for Start-Ups
Introduction It is often exciting to embark on a new business venture which aims at providing solutions and products that could potentially "change the world". However, in the course of developing and executing a new business idea, it beco...
January 2022
Meet Our Newest Partners
Field Law welcomes Jill Bishop and Richard Stobbe to its partnership.Field Law is pleased to welcome Jill Bishop and Richard Stobbe as firm partners, starting January 1, 2022.“Both Richard and Jill have demonstrated leadership and commitment to e...
October 2021
Interesting Insights on Intellectual Property
Alberta Real Estate Association - Podcast Episode 38
In this episode, Lisa Statt Foy, brings her wealth of legal knowledge to our discussion to help REALTORS® understand the potential pitfalls and best practices related to the use of images, trademarks, copyrighting, and more. With the expl...
August 2021
The Best Lawyers™ in Canada 2022
38 Field Lawyers Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 16th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 23, 2021
As Esports Grows and Creates new Legal Challenges, Law Firm Allies with Alberta Esports Association
Canadian Lawyer
August 16, 2021 - 2 min read
Field Law Announces Sponsorship of Alberta Esports Association (AESA)
CALGARY – August 16, 2021 –Field Law’s Emerging Technology group is pleased to announce a new alliance with the Alberta Esports Association (AESA), a not-for-profit organization established in 2020 that serves as the governing body fo...
May 13, 2021
Coffee + Counsel: How to Protect Your Business Against Phishing Attacks
Q+A Session
Join us for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to organizations in Alberta. Your questions guide the discussion, and we prov...
May 5, 2021
The Modernization of Canadian Privacy Law: Where Are We Heading?
Seminars
Individuals and organizations, both large and small, are increasingly faced with challenging issues in the area of privacy and information handling. Bill C-11, the Digital Charter Implementation Act, 2020, seeks to modernize Canadian privacy legis...
February 24 + March 10
2020 - A Year in Review Webinar Series
Did you miss the Field Law Labour + Employment Group's annual Year in Review? The recordings are now available! Is employer-friendly OHS legislation coming to a worksite near you? What are the impacts of COVID-19 on employment legislation a...
March 2021 - 4 min read
Facial Recognition: A Privacy Law Perspective
Humans love to look at faces – our families, our friends, complete strangers. In some ways, our brains are optimized for facial identity recognition. We’re good at it, so of course we want to teach machines how to do it even bette...
January 2021
Field Law Announces Five New Partners
The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ...
August 2020
The Best Lawyers™ in Canada 2021
37 Fielders Recognized
Field Law is pleased to announce that 37 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer review...
June 2020 - 7 min read
Case Study: G&G Oil Co. of Indiana v. Continental Western Insurance
Defence + Indemnity
The ransom paid in response to a ransomware attack was held not to be covered under the “Computer Coverage” of an insurance policy because the attack and the ransom demand did not amount to “fraud”, as opposed to a mere theft (c...
June 2020 - 7 min read
Case Study: Grossman v. Nissan Canada
Defence + Indemnity
An employer who is innocent of negligence or other misconduct can be vicariously liable for the tort of intrusion upon seclusion based on a data breach committed by one of its employees.  Grossman v. Nissan Canada, 2019 ONSC 6180, per Be...
May 2020
Cybersecurity in the Age of COVID-19 (And Beyond)
April 2020
Signing Contracts in a Distanced World
When many people think of signing a contract, the traditional picture is a meeting, a pen and paper, and handshakes at the end. With current social and physical distancing protocols in place, all of these traditional images are jarring. Now, every...
March 2020
Patent Issues under Canada’s COVID-19 Emergency Response Act
The Federal Government’s COVID-19 Emergency Response Act contains certain amendments to the Patent Act that permit the Federal Government to authorize anyone to “make, construct, use and sell a patented invention to the extent necessar...
March 2020
Copyright is Great… But it Has its Limits
Proline Pipe, an Alberta company, created certain design drawings for pipe bending machines. A former employee took those drawings with him when he left the company. A rival company obtained copies of the drawings and manufactured the pipe bending mach...
Winter 2020
2019 - A Year in Review Seminar Series
Seminars
Join the Field Law Labour + Employment Group for our annual seminars featuring legal updates and practical challenges for management and employee groups.Part 1 has been approved for 1.75 CPD hours and Part 2 has been approved for 2.25 CPD hou...
January 2020
Click-Through Agreements
IP Blog
Sierra Trading Post is an Internet retailer of brand-name outdoor gear, family apparel, footwear, sporting goods. Sierra lists comparison prices on its site to show consumers that its goods are competitively priced.Chen, the plaintiff, sued Sierra, cla...
November 2019
Buzz Kill: Cannabis Branding + Packaging Restrictions in Canada
Keeping Up With Cannabis
In the excitement of Canadian cannabis legalization, many overlooked that cannabis legislation is in fact focused on controlling the production, distribution, sale and possession of cannabis in Canada to achieve three objectives: Protect young pers...
April 24, 2019
Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math
Client Events
The Women's Intellectual Property Networking Group of the Intellectual Property Institute of Canada presents:Trailblazers: An Evening to Celebrate Women in Intellectual Property, Technology, Engineering + Math    Date: Wednesday, Apr...
January 9, 2019
New Canadian Drone Regulations
On January 9, 2019, Transport Canada published new rules for flying drones in Canada to enhance predictability for businesses, improve the security of aviation and ensure our airspace is safe for everyone.  The new regulations distinguish bet...
October 2018
#Hashmarks: Can a Hashtag be a Trademark?
The Medium
Through its automatic web of connections, the humble hashtag has been repurposed: it’s now associated with the cachet of internet fame.  In social media platforms the hashtag brings users from one descriptor to thousands of associated result...
October 2018
How do “Smart Contracts” Fit With “Traditional Contracts”?
The Medium
Placing Smart Contracts in Context  A “smart contract” is really a set of computer programs designed to automatically execute certain transaction steps, provided certain conditions are met. It’s not so much a contract, in th...
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
August 2018
Use of Facial Recognition Software at Calgary Malls Raises Privacy Concerns
The Lawyer's Daily
September 2016
The Wild West: Drone Laws and Privacy in Canada
‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be p...

The following services are offered by our lawyers and agents in this area of law:

  • Patent application drafting and prosecution, searches, freedom-to-use analysis, infringement opinions, patent infringement, ownership disputes and expungement litigation; patent licensing
  • Preparing, filing and prosecuting trademark, including US trademark, and copyright applications
  • Assessing potential liability for infringement of intellectual property interests
  • Assessing the types of intellectual property protection available for new technology
  • Conducting intellectual property audits for the purpose of evaluating intellectual property portfolios
  • Conducting intellectual property due diligence investigations in connection with business acquisitions and financing
  • Developing strategies for the protection and commercialization of intellectual property interests
  • Negotiating and preparing agreements for the sale and licensing of intellectual property interests
  • Negotiating and preparing research and development agreements
  • Providing intellectual property advice on the purchase and sale of businesses, employer/employee relationships and joint ventures
  • Representing plaintiffs and defendants in trade secret, fiduciary duty, trademark, copyright, industrial design, patent litigation, and counterfeit goods litigation

What is intellectual property (IP), and how do you protect it? In this video series, we will explain what IP is, the types of IP your organization may have, and tips and practical considerations to help you protect, enforce, and commercialize your IP.

The Basics

Laura MacFarlane explains the four main types of IP and provides examples for each. It is important to be proactive when protecting these valuable assets, and the first step is identifying what your organization has so that you can take the necessary steps to mitigate issues in the future.

 

Who Owns a Company's Intellectual Property?

Richard Stobbe covers factors that determine whether employees or contractors own their creations under the Copyright Act and the Patent Act, as well as the importance of clear contractual agreements to safeguard valuable IP.

 

Is My Invention Patentable?

What is considered a patentable invention and how can you check to see if your invention qualifies? Charlene Lipchen explains the legal tests that your invention needs to pass, what can’t be patented, and how to assess whether your invention is patentable.

 

Timing Considerations for Filing a Patent Application

What counts as public disclosure of your invention, and can you still file a patent application afterward? Charlene Lipchen explains timing considerations you need to be aware of and best practices when it comes to patenting an invention in Canada or the United States.

 

5 Common Copyright Myths

Laura MacFarlane dispels common copyright myths surrounding copyright ownership, author/creator attribution, partial use of a copyrighted work, works in the public domain, and the need for formal copyright registration.

 

Disclaimer: Information in these videos is for informational purposes only. It is not legal advice and should not be perceived as legal advice.