Andrew Bernstein comments on assertive Canadian copyright landscape and USMCA

July 02, 2019

Partner Andrew Bernstein was featured in an article by Lexpert on protecting brands in North America, saying “[h]istorically copyright owners have been reluctant to go after consumers, because they didn’t want to alienate their customer base.”

The article focuses on the yet to be ratified United States-Mexico-Canada Agreement (USMCA), and the aspects of Canadian copyright, patent and trademark law that will be affected. Notably, in the trademark arena, the USMCA will align the minimum duration of copyright in Canada with the “life plus 70 years” term by which the U.S. abides.

Andrew explained that copyright owners in Canada are asserting their rights more aggressively than ever.

“[W]e see it in cases like Voltage [Rogers Communications Inc. v. Voltage Pictures, LLC] where the copyright holder is seeking the identities of thousands of consumer infringes from the ISP,” he said.

Andrew, along with the rest of our team, has written extensively on developments in copyright, patent and trademark law on the relevant practice pages.


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