BOYNECLARKE LLP’s Intellectual Property Law Team is renowned nationally for their broad experience acting on behalf of clients who have investments in and dependence upon intellectual property. With offices in Halifax – Dartmouth, our clients include software developers, film and television production companies, financial institutions, media law clients (print, audio, and visual media), and small businesses.

How We Can Help

The Intellectual Property Law Team provides advice and assists with:

Our Experience

Related Experience within our Intellectual Property Team includes:

Industry Recognitions

Recognitions within our Intellectual Property Team include:

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Intellectual Property Team

Marc J. Belliveau

(902) 407-6480

Christene H. Hirschfeld, Q.C., ICD.D

(902) 460-3413

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Recent Blog Posts

Blog Post | Tuesday October 8, 2019

Supreme Court finds Crown owns Copyright in Land Surveys

Authored by: Marc J. Belliveau Posted in: Intellectual Property

It is not often that our Supreme Court of Canada (“SCC”) decides a copyright case. So, it’s always exciting to read their latest thoughts on the interpretation of the Copyright Act (“Act”).

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Blog Post | Tuesday September 17, 2019

What are Statutory Damages for Copyright Infringement?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

When you sue someone for copying your original work of art, music, drama or fiction without your permission, it’s often difficult, time consuming and very costly to calculate and prove the full amount of your financial losses.

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Blog Post | Wednesday August 28, 2019

What’s the Buzz in Music Plagiarism Lawsuits?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

During the last century, composers, musicians and their copyright lawyers held a traditional belief and legal understanding that copyright infringement lawsuits related only to stolen lyrics and copied melodies, but not for more abstract compositional elements.

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Blog Post | Wednesday August 21, 2019

The Importance of Trademark Searches for the Nova Scotia Craft Brewing Industry

Authored by: Marc J. Belliveau Posted in: Intellectual Property

A recent dispute over a peanut butter flavoured craft beer (produced locally in Bedford) provided an excellent example of the importance of searching the availability of your proposed brand before it is officially launched in your marketplace.

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Blog Post | Wednesday July 24, 2019

Copyright Law: From Beyond the Grave

Authored by: Marc J. Belliveau Posted in: Intellectual Property

In Canada, the Copyright Act governs all matters related to an artist’s rights to her or his creative works, including how long those legal rights subsist and how they devolve upon the artist’s death.

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Blog Post | Wednesday June 26, 2019

Trademarks: Free Speech Strikes Again

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Two years ago, I blogged about a U.S. Supreme Court (USSC) decision striking down a trademark law prohibiting the registration of “disparaging” words and phrases because the prohibition was found to unduly restrict “free speech” and was therefore unconstitutional.

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Blog Post | Thursday June 13, 2019

Canadian Official Marks: Qu’est-ce que c’est?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

The Trademarks Act (the “Act”) contains a unique provision that allows “public authorities” to by-pass the normal trademark registration application process and to protect their “official marks” indefinitely. There is no similar provision in any other country’s trademark protection regime.

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Blog Post | Tuesday May 21, 2019

Can Copyright Law Apply to Public Documents?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Two recent and interesting Canadian copyright infringement cases have bubbled up to the highest courts in the land and threaten to carve a new exception in the intellectual property behemoth that has become copyright law. The issue is whether certain works should not be copyrightable.

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Blog Post | Tuesday April 30, 2019

Canadian Trade-mark Law is Losing the Hyphen!

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On June 17, 2019, five years after the Harper government made countless amendments to the Trade-marks Act (the “Act”) in omnibus budget legislation (Bill C-31 of 2014), the famous Canadian hyphen (inside the word “Trade-marks” of the Act’s title) will become a thing of the past.

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Blog Post | Tuesday April 9, 2019

Must Trade-mark “Use” Always be at a Profit?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

There is an old maxim about brands and trade-marks: “Use it or Lose it”.

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Blog Post | Thursday February 8, 2018

Why Should I Register My Trade-mark?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

While a trade-mark does not have to be registered, the legal advantages and significant benefits of registration are undeniable.

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