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One key consideration for any new business -- or any existing business, for that matter -- is the ability to obtain and maintain financing for ongoing operations.
Times are tough. What with economic uncertainty, the sovereign debt crisis, global financial meltdown, etc. one has to wonder where it will all end. Closer to home, many individuals are facing their own economic uncertainty and are looking for ways to increase their cash flow. So the question often comes up, “What if I delay paying my tax”?
Co-Authored by Sheldon Inkol In a daunting world of rising competition, persistently skeptical consumer confidence, and flattening business prospects, carefully selected and nurtured trade-marks have become especially critical to the survival of enterprises of all sizes. It has been estimated that up to 70 per cent of a company’s value can be ascribed to its intangible assets, which include its trade-marks, copyrights, patents and industrial designs.
Counterfeit goods have long been a concern of businesses which invest heavily in product research, development and branding with hopes of gaining market exclusivity. With the movement of manufacturing to cheaper labour markets overseas, counterfeiting has steadily increased over the last number of years. Fortunately, there may be some strategies for businesses to help prevent counterfeiting and a related problem, referred to as grey marketing.
Co-authored by Sheldon Inkol. Canadian knowledge-based businesses that employ people to create intellectual property – including advertising material and computer software, among many other things – should be careful to insure that expectations concerning the ownership of the copyright in the resulting products is defined clearly and in advance. This renewed sensitivity is being animated by two recent high-profile American cases.
Co-authored by Brittanny Tinslay Changes to the Competition Act made in 2009 that gave the federal Commissioner of Competition a stronger mandate to administer and enforce the Act have been carried out by the Commissioner’s office since then with marked vigour. The Commissioner, Melanie L. Aitken, has become a thorn in the side of many organizations including the Canadian Real Estate Association (CREA) in connection with its multiple listing service, Rogers Chatr mobile phone brand in connection with a misleading advertising investigation, and Visa and MasterCard in connection with a price maintenance investigation.
The multi-billion-dollar patent purchases during the last several months involving large high tech companies illustrates the difficulties that small start-up companies potentially face when entering the marketplace with a new technology.
In July 2011, the Codex Alimentarius Commission (Codex), at its annual summit in Geneva, adopted guidelines that allow the labelling of genetically-modified (GM) food products. GM food products are derived from organisms that have been modified by means of modern genetic engineering techniques.
Earlier this month, the Codex Alimentarius Commission adopted guidelines allowing the labelling of genetically modified food products at its annual Codex summit in Geneva, Switzerland. However, this recent development may not result in sweeping changes for Canadians. While it may indirectly affect Canadian food producers who export GM food products to other countries, the labelling of such food products in Canada is unlikely to occur in the foreseeable future.
The Canada Consumer Product Safety Act, S.C. 2010, c. 21 (the “Act”) came into force on June 20, 2011. It is intended to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those that are imported from other countries.
Co-authored by Varoujan Arman. New federal law that prohibits businesses from transmitting spam – electronic messages that are not wanted and that have not been requested – is expected to take effect later this year or early next. Businesses and other organizations that send electronic messages as part of their marketing efforts, or for other uses, will want to conduct a careful review of their practices and evaluate whether they run afoul of the new legislation.
New rules that make it simpler and cheaper for mining companies to disclose to investors new projects and other significant changes in their circumstances take effect June 30.
Residents of Ontario who are in the highest tax bracket will typically pay tax at rates of roughly 23 per cent on capital gains, 46 per cent on interest income, 28 per cent on dividends from public companies, and 32 per cent on dividends from private companies.
Co-authored by Daniel Horovitz Video and other digital content created by customers and posted on such social media as Facebook and Twitter to promote goods and services and build brand recognition are being used by businesses increasingly to get their names out and their products known to key demographics. This "user-generated content" (UGC) marketing technique is powerful, effective and inexpensive. But it is also rife with potential legal pitfalls of which businesses will need to be aware.
With the economy showing signs of recovery from large setbacks in recent years, entrepreneurs, business owners and investors are starting to search for new enterprises that will thrive in the coming phases of the business cycle. In this context, blind cash pools, which are financing vehicles that take growth enterprises public, may well come into broader use.
In our March 2010 issue, we discussed the Ontario Court of Appeal case Bank of Montreal v iTrade Finance Inc. This was a case about fraud, and the rights of innocent parties to the proceeds.
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