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Intellectual Property

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Thursday, September 14, 2017 @ 09:16 AM

Huge damages award sign of more holistic approach to accounting of profits

The recent award of over $644M following the damages reference in Dow Chemical Company v. Nova Chemicals Corporation 2017 FC 350  is one of the largest awards for intellectual property infringement in Canadian history. The decision of Justice Simon Fothergill contains many novel points of interest, but perhaps none so significant as his treatment of the issue of non-infringing alternatives and the deduction of fixed and capital costs in determining Nova’s profits to be disgorged to Dow. ... [read more]

Wednesday, September 13, 2017 @ 09:10 AM

What the coming trademark changes mean to pharmaceutical industry

Significant changes to the Canadian trademarks regime are expected to come into force in early 2019. While the implementation of these upcoming amendments will affect every sector, they will have a marked (pun somewhat intended) impact on several issues unique to the pharmaceutical industry. ... [read more]

Tuesday, September 12, 2017 @ 08:54 AM

TRADE-MARKS - Opposition - Grounds - Confusion - Nature of wares, service or business - Surrounding circumstances

Appeal by U-Haul International Inc. (U-Haul) from the dismissal of its appeal from decisions of the Trade-marks Opposition Board refusing to register the trademarks U-BOX and U-BOX WE-HAUL. ... [read more]

Thursday, August 17, 2017 @ 08:35 AM

COPYRIGHT - Royalties - Copyright Board - Tariff hearings

Application by Re:Sound Musical Licensing Company (Re:Sound), a collective society that administered the right to receive equitable remuneration, for judicial review of a decision of the Copyright Board setting royalties for the use of published sound recordings in webcasting for the years 2009-2012. ... [read more]

Wednesday, August 09, 2017 @ 12:48 PM

McCarthy's Sookman appointed to public policy think tank

McCarthy Tétrault partner Barry Sookman has been appointed to the Macdonald-Laurier Institute (MLI) advisory council. ... [read more]

Thursday, July 27, 2017 @ 08:27 AM

COPYRIGHT - Criteria for copyright protection - Originality - Protected subject matter - Architectural works - Infringement - Defences to infringement - Procedure

Appeal by MacNutt and her business Pier 101 Home Designs Inc. (PIER 101) from the dismissal of their claim for damages for copyright infringement. ... [read more]

Tuesday, July 25, 2017 @ 12:14 PM

IP associate Pohl joins Bereskin & Parr in Montreal

Bereskin & Parr announced that Joanna Pohl has joined the firm's Montreal office as an associate (technical consultant) and member of the firm's life sciences practice group. ... [read more]

Friday, July 21, 2017 @ 10:34 AM

Padgett joins Rowand LLP as associate

Rowand LLP has announced that Neil Padgett has joined the firm as an associate lawyer practising in patent and trademark prosecution. ... [read more]

Friday, July 14, 2017 @ 12:08 PM

Copyright Board's interim tariff is mandatory and enforceable against York University, Federal Court rules

The Federal Court has ruled that an interim tariff issued by the Copyright Board of Canada that is directed at post-secondary institutions is mandatory and applies to York University. ... [read more]

Tuesday, July 04, 2017 @ 08:37 AM

PATENTS - Defences to infringement - Lack of essential element - Procedure - Evidence - Costs - Assessment or fixing of costs

Appeal by OrthoArm Incorporated (Orthoarm) from the dismissal of its action against GAC International, LLC (GAC). OrthoArm’s principal invented a type of “self-ligating” orthodontic bracket. OrthoArm patented the bracket, and in 1997, licensed the worldwide rights to manufacture, use, market and sell products covered by the patent to GAC. Under the parties’ agreement, OrthoArm was entitled to receive a licence fee based on net sales of GAC’s products until the patent expired in May 2014. ... [read more]