Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of April 15, 2024.
此前我们在《从“License-in”转型“License-out”——你的“自主知识产权”成色几何？》中对企业在开展License-out过程中涉及的知识产权侵权问题进行了梳理，并提出了实操建议供企业参考。此外，在技术许可交易中，还有一个此前常被中国企业在技术交易中忽略的问题，即技术许可方破产对技术许可的影响。随着中国技术类企业正逐步从技术引进（“License-in”）转向技术输出（“License-out”），中国企业也时常碰到境外被许可方提出的“破产保护”诉求。我们将在本文中对该问题进行探讨，并对国外常见的应对方案“技术托管”进行较为详细的介绍。
一、许可方破产对技术许可合同的影响
Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 4, 2023.
In AssessNet Inc. v. Ferro Estate, the Court set aside an order dismissing the action, finding that the summary judgment motion judge had erred in determining the issue of discoverability of a claim against a trustee in bankruptcy.
Torgersrud v Lightstone is a family law decision where the Court dismissed an appeal from an order setting aside a marriage contract entered into in Quebec in 1988.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of August 28, 2023.
I hope everyone is enjoying the last long weekend of the summer.
Chippewas of Nawash Unceded First Nation v. Canada (Attorney General) is a 125-page decision dealing with the claim of the Saugeen Ojibway Nation to submerged lands in Lake Huron and Georgian Bay. The claim was mostly unsuccessful.
Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 17, 2023.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 22, 2023.