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Lexpert: Stephen Harper’s trademark legacy may be the advent of trolls

Although Stephen Harper's contribution to Canadian trademark law will most definitively live on, the advent of trademark trolls may be his most enduring legacy.

Under Mr. Harper, the Conservative government introduced sweeping changes to the legislation and regulations governing trademarks. The most significant of these came when Bill C-31, which received royal assent in June, 2014, removed previous use of a trademark, in Canada or elsewhere, as a requirement for registration.

"The real fear about abolition of use as a requirement of registration is that it will create opportunities for trademark trafficking," says Donna White of Osler Hoskin & Harcourt LLP in Ottawa.

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Lexpert contributor Julius Melnitzer reports at lexpert.ca/globe.

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