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Intellectual Property

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Friday, November 17, 2017 @ 9:03 AM

Federal Court of Appeal finds trademark infringement in flap over Swiss flag logo Bill Northcote, Shibley Righton LLP

A Canadian luggage company has been dealt a blow after the Federal Court of Appeal ruled several of its logos would be “likely to cause confusion” with the trademark of a Swiss company specializing in goods marked with a symbol resembling the cross on the Swiss flag. ... [read more]

Thursday, November 16, 2017 @ 8:46 AM

Injunction lifted for documentary on film so bad it’s good bad_movie_sm

Fans of the cult movie The Room — widely beloved and ridiculed for being the “Citizen Kane of bad movies” — now have not one but two behind-the-scenes films to look forward to this year after an Ontario court has lifted an injunction against one of them. The first film is a star-studded Hollywood dramatization called The Disaster Artist starring James Franco and the other, the subject of the injunction, is a fan-made, making-of-documentary titled Room Full of Spoons. ... [read more]

Wednesday, November 15, 2017 @ 9:17 AM

How NAFTA renegotiation will affect trademarks and patents canadian_patent_sm

Canada’s participation in international trade agreements has a history of strengthening national intellectual property (IP) protections. Will the renegotiation of the North American Free Trade Agreement (NAFTA) present similar opportunities for the Canadian patent and trademarks regime? The Trump administration’s May 2017 announcement of the United States’ intent to renegotiate the 23-year old NAFTA pact has led to speculation that an evolution in Canada’s IP legislation may be on the horizon. ... [read more]

Thursday, November 09, 2017 @ 12:12 PM

Plowman joins Miller Thomson

Miller Thomson LLP  has hired corporate finance specialist and registered trademark agent Kevin Plowman as a partner in its Calgary office. ... [read more]

Monday, November 06, 2017 @ 2:16 PM

Miller Thomson lawyers join International Trademark Association committees

Three partners from Miller Thomson LLP have been appointed to International Trademark Association (INTA) committees. ... [read more]

Thursday, November 02, 2017 @ 8:58 AM

Medical diagnostic inventions excluded from the Canadian innovation agenda medical_diagnositcs_sm

Since the 2015 release of patent examination guidelines for diagnostic methods, the Canadian Intellectual Property Office (CIPO) has rejected most patent claims for diagnostic methods. Until 2012 patents were granted for diagnostic inventions that were found to be novel, inventive and useful. In 2012, examination of diagnostic patent applications mysteriously ceased. ... [read more]

Monday, October 30, 2017 @ 9:37 AM

Claiming use goes beyond showing use as a trademark filing basis in Canada

In the Federal Court decision of Metro Brands S.E.N.C. v. 1161396 Ontario Inc. 2017 FC 806, at issue was whether showing use in association with a trademark is only required for the general classes of goods or whether there needs to be use of each of the specific claimed goods within a particular class.   ... [read more]

Thursday, October 26, 2017 @ 8:37 AM

PATENTS - Application - Infringement - Defences to infringement - Procedure - Appeals

Appeal by Apotex from refusal of partial summary judgment. ... [read more]

Wednesday, October 25, 2017 @ 9:01 AM

Copyright Act review: Netflix, free streaming and the ‘monkey selfie’ copyright_review

It has been a relatively quiet year for copyright law in Canada, but it is ending with a relative bang with the statutory five-year review of the Copyright Act and the Creative Canada initiative. This article will take a brief look at both developments primarily through the lens of a lawyer who represents creators. ... [read more]

Wednesday, October 18, 2017 @ 9:03 AM

The significance of ‘pipefill’ in two generic drug damages awards

In early 2017 the Federal Court issued decisions involving two significant damages awards under s. 8 of the Patented Medicines (Notice of Compliance) Regulations. An important component of these damages awards related to the concept of “pipefill.” ... [read more]