Trade-Mark: An Underrated Asset

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Looking for a definition of trade-mark and the importance it takes on for businesses, a trade-mark can be defined as a business asset being used to characterize a product, a service or the business itself. Thus, a trade-mark can be used to identify a product regardless of its manufacturer or distributor.
In this era of market globalization and communications predominance, a trade-mark becomes an asset of considerable value for a business and serves inestimable promotional purposes. In fact, it constitutes ...

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Trade Secrets in Canadian Intellectual Property Law

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As intellectual property acquires an ever increasing value in the modern knowledge- and information-based economy, an entrepreneur needs to recognize the intellectual property assets possessed by his business. If, unaware of their existence, the entrepreneur should fail to protect adequately his business’ intellectual property assets, he overlooks an important element that can add greatly to the value of his business.
When speaking of intellectual property, one generally refers to trade-marks, patents, copyrights, or industrial designs. These concepts are framed by ...

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Protecting your business’ goodwill: Google Adwords

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Are you aware of the possibility for a third party to steal whole or part of your clientele on the Internet? Indeed, a website owner may divert a third party’s goodwill to his website through the intervention of Google Adwords. How does Google Adwords work? This Internet tool allows the user to buy a keyword that will be incorporated in his website’s description, thereby permitting the Internet user to find this website readily through a search done on the Google ...

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Patents, Copyrights & Industrial Designs – Essential Distinguishing?

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The terms patent, copyright, and industrial design are known to many, but few can actually distinguish the concepts they represent. However, each of these terms designates a different form of intellectual property.
The rights over intellectual property owned by a business are a noticeable increase to its capital, as long as they are duly protected. Without doubt, the savvy businessman knows the value of his business’ concrete assets (capital-stock, rolling stock, inventory, real estate, etc.). Still, many are not aware ...

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Internet File-Sharing of Copyright-Protected Works: A Canadian Perspective

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In Canada as in the rest of the world, downloading copyright-protected works via Internet is a common, although controversial, practice. Peer-to-Peer (“P2P”) file-sharing is the most commonly used mean of downloading. The working principle of P2P file-sharing is as follows: individual users connect to each others directly (without passing through a central server, as it was the case with the Napster site) using a certain software program; a user can download the files offered by others (usually music, but also ...

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Intellectual property law trademarks in the european union

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Mr. Alain P. Lecours lawyer regularly distributes a free legal letter entitled “The Legal Insider” to his clients and business partners. The Legal Insider is a compilation of texts with various legal topics of interest for the business community, keeping in mind to make the contents of our newsletters easily accessible, comprehensive and relevant for our clients and contacts, adopting a strong strategic and practical approach to the problems that we encounter. Therefore, the legal letter’s content is less oriented ...

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Business’ Name, Trade-Mark, and Domain Name: An Essential Symbiosis

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Image, or corporate identity, is one of the main assets that a business owns and must be protected. That image may be related to the business itself, or yet to the products and services it offers.
Any business (whether a corporation, a public corporation, a foundation, partnership, etc.) possesses a unique identity (its image), and uses a trade-mark (registered or not) in marketing its products and services. Indeed, a client usually links a given product or service to the name ...

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Surveillance cameras in work environment & privacy

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Over the past few years, there was a noticeable increase in installation of video surveillance equipments by employers, within their business establishments. Whether these surveillance cameras are hidden or not, they essentially strive toward the same objective: the protection of the employer’s business not only against possible intruders, but also against its own employees. Considering the privacy protection set forth in the Canadian Charter of Rights and Freedoms, one may reasonably question the legality of such installations. Is an employee’s ...

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Strategic Aspects of the Employment Contract

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Human resources constitute part of a business’ capital and are an important element of its success. For a business, the training of its employees is an investment for the future. Whenever an employee leaves the business, not only is it the loss of that investment, but this employee can also harm the business by making use of his training on behalf of a competitor.
An excellent protection for the business resides in the elaboration of a employment contract. Mainly, four ...

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Rules & Principles Governing Dismissals in Québec

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In the scope of the relations with its employees, a business entertains both rights and duties. The employee retains similar links toward the business. The subject of the present Legal Insider shall be to discuss the employer’s options when he must end an employment contract. In the context of this parting, what are the rights and obligations of each party?
The question of an employee’s seniority within the business is a cornerstone framing the obligations of the parties. In the ...

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