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Intellectual Property

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Thursday, October 11, 2018 @ 10:58 AM

Diving deep into the how and what now of the USMCA usmca_trade_sm

The new USMCA trilateral trade deal struck last week between the United States, Canada and Mexico that is set to replace NAFTA lifted the uncertainty that the partners could come to a mutually beneficial understanding after 13 months of negotiations. ... [read more]

Wednesday, October 10, 2018 @ 12:21 PM

An order protecting protective orders Secret_sm.jpg

In a recent decision (Seedlings Life Science v. Pfizer Canada 2018 FC 956) Justice Shirzad Ahmed of the Federal Court of Canada issued a protective order on consent of all parties. ... [read more]

Tuesday, October 09, 2018 @ 10:45 AM

CRTC overstepped mandate in bringing in code to govern contracts: Federal Court of Appeal Graham Honsa, Wilson Lue LLP

The Federal Court of Appeal has ruled against the Canadian Radio-Television and Telecommunications Commission (CRTC) in its attempts to regulate contracts between content producers and broadcasters, saying the commission overstepped its bounds under the Broadcasting Act. ... [read more]

Friday, October 05, 2018 @ 12:37 PM

Federal Court sends non-Canadian businesses significant trademark signal virtualhotellobby_sm.jpg

After much anticipation, the Federal Court of Canada has released yet another decision which signals to non-Canadian businesses that a physical presence in Canada may not be necessary to constitute “use” of a trademark in Canada in association with services. ... [read more]

Thursday, September 27, 2018 @ 2:38 PM

Drug patent term restoration in Canada: Certificates of Supplementary Protection patentfiledrawer

Like other patents in Canada, drug patents have a term limited to 20 years from the filing date. However, unlike other products, drugs must undergo extensive clinical testing and a regulatory approval process before they may be marketed. Because drug patents are typically filed at an early stage of development, this means the effective patent term is often significantly shorter than 20 years. ... [read more]

Tuesday, September 25, 2018 @ 1:39 PM

Torrent of claims still an open question Chipcard_sm.jpg

Back in January, I wrote in The Lawyers Daily about “A torrent of claims: Preparing for a new era in copyright.” At the time, it looked like the Supreme Court’s eventual decision in Rogers Communications Inc. v. Voltage Pictures, LLC  would answer the question: Are we going to see explosive growth in mass copyright litigation in Canada? The Supreme Court issued its decision on Sept. 14, but it did not answer that all-important question. ... [read more]

Tuesday, September 25, 2018 @ 11:12 AM

Gardère new IP partner with Gowling WLG’s Montreal office

Gowling WLG announced that Sébastien Gardère has joined the firm as a partner in its Montreal office and member of the firm’s intellectual property (IP) and advertising & product regulatory groups.   ... [read more]

Friday, September 21, 2018 @ 12:15 PM

Smart & Biggar adds seven lawyers in three offices

Smart & Biggar has added seven new lawyers to the firm, adding to the depth and breadth of its practice groups across Canada. ... [read more]

Friday, September 21, 2018 @ 11:30 AM

Challenging a competitor’s patent at the patent office Copieddesigns2_sm.jpg

A court action is the most effective proceeding to invalidate a competitor’s patent, since invalidity issues can be explored in detail with significant expert evidence to assist the court. However, patent litigation can be expensive and time consuming. Patent offices have developed their own, less elaborate mechanisms to permit third parties to challenge patents pre-grant or post-grant outside court. In certain circumstances, these processes are useful to invalidate patents or limit their scope of protection. This article outlines some methods to challenge granted patents in the U.S. and Europe. ... [read more]

Thursday, September 20, 2018 @ 2:50 PM

Recent ruling presages sunset on pharmaceutical patent cases sunset

In what is likely one of the last cases to be litigated twice following the recent changes to Canada’s pharmaceutical patent regulations, Justice George Locke of the Federal Court of Canada allowed Teva’s claim for s. 8 damages in relation to its generic bortezomib product and dismissed Janssen’s counterclaim for the infringement of three patents (Teva Canada v. Janssen 2018 FC 754). ... [read more]