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As we noted in our earlier post, online content-providers such as Google and Wikipedia cannot take advantage of the traditional protections provided to newspaper publishers or broadcasters. Controversial amendments such as US-style DRM digital rights management protection provisions will certainly generate opposition and the progress of the legislation will be closely watched. We will be monitoring the proposed legislation when it is introduced. There is a three-part test for passing-off:.
The judge was convinced and issued an order to stop Nissan in its tracks. Nissan promptly applied for a stay of the injunction. The lessons for business? The cost of rebranding let alone damages makes a trade-mark search look like a pretty good preventative measure. When I wrote an article about online defamation in , MySpace and YouTube were still relatively unknown. The suit will be interesting to watch as it may clarify when ISPs and hosts of online discussion forums will be liable for publication of defamatory content.
In the case of Bahlieda v. Santa , the Ontario Court of Appeal dealt with a complaint of online defamation. Under that law a defendant can deflect a complaint if it is not brought within six weeks.
On appeal, the court overturned this decision, allowing the complaint to proceed. Sawyer , a defamatory letter was published in both the hard-copy paper and online version of a newspaper. The complaints were dismissed because they were brought outside those strict time limits. The complaint in connection with the email was allowed to proceed. As Canadian companies branch out into foreign markets, it is inevitable that they will confront local trade-mark issues.
It even happens to the titans of the brand-name world. Lawyers for Starbucks Corp. There are plenty of Canadian examples. The local effect is to erode market share for Canadian companies selling the genuine article.
Access to the website was previously considered a zero-rated supply for GST purposes. Generally, intellectual and intangible property is covered under the definition as a zero-rated supply and GST is not charged for non-resident customers.
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