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Intellectual Property

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Friday, December 02, 2022 @ 2:34 PM

’Tis the season to avoid folly: Employee responsibilities, liabilities during party season Christmas party

Employers that organize and host Christmas or holiday parties and similar work-related social events have a number of legal responsibilities. They can be held liable for not taking adequate precautions to protect their employees from foreseeable and preventable harm. ... [read more]

Friday, December 02, 2022 @ 10:14 AM

Warning: These numbers are disturbing | Rob De Toni

The University of Sherbrook recently released a report on the state of mental health in the legal industry titled: “Research Report (preliminary version): Towards a Healthy and Sustainable Practice of Law in Canada. National Study on the Psychological Determinants of Legal Professionals in Canada, Phase 1 (2020-2022).” ... [read more]

Wednesday, November 30, 2022 @ 9:40 AM

Fraudulent legal service thrived; LSO axes certification of specialists File

It’s rare that you hear about a criminal conviction for fraud in the offering of intellectual property services, but that is precisely the subject of R. v. Varin 2022 QCCQ 6675, a sentencing decision from Quebec Provincial Court that issued on Sept. 21, 2022.  ... [read more]

Friday, November 25, 2022 @ 1:04 PM

Justice for all is justice we should aspire to | Chris Bentley

My colleague, Guy Pratte, questions whether virtual justice is “real justice’’ in his recent opinion piece (The Lawyer’s Daily, Oct. 26, 2022). He argues that a return to the in-person proceeding is essential for “real justice,” with anything else apparently being of lesser worth. ... [read more]

Monday, November 21, 2022 @ 5:25 PM

[ Legal Wire ] - Federal health minister tables 2021 annual report of the Patented Medicine Prices Review Board

Federal Minister of Health Jean-Yves Duclos tabled the 2021 Annual Report of the Patented Medicine Prices Review Board (PMPRB) with the clerks of the House of Commons and the Senate on Nov. 18. ... [read more]

Friday, November 18, 2022 @ 2:33 PM - Last Updated: Friday, November 18, 2022 @ 3:54 PM

Supreme Court sets out three-step test for accounting of profits in patent infringement cases Justice Malcolm Rowe

Canada’s top court has clarified how an “accounting of profits” should be calculated for patent infringement, in a case involving a dispute over a patent for a type of plastic used in products such as garbage bags and food wrappings. ... [read more]

Friday, November 18, 2022 @ 12:13 PM

PATENTS - Remedies - Accounting of profits

Appeal by Nova Chemicals Corporation from a decision of the Federal Court of Appeal that upheld an accounting of profits assessment awarded to Dow Chemical. Nova made and sold products covered by Dow’s patent for plastics. Dow’s patent was issued in 2006 and expired in 2014. After a determination that the patent was valid and that Nova had infringed the patent, Dow was permitted to seek an accounting of profits. Nova conceded there were no non-infringing options available. ... [read more]

Friday, November 18, 2022 @ 10:09 AM

Next up for Civil Rules Committee | Michael Lesage

There was a big day recently at the Ontario Superior Court. Belatedly, the Civil Rules Committee recognized what other jurisdictions (and tribunals within Ontario) have long since known, that lawyers are capable, all by themselves, of both serving and filing documents with the court without assistance. As such, starting Jan. 30, 2023, Rule 16.09 will be amended, and it will no longer be a two-person job to serve and file a document. At long last, common sense has prevailed. ... [read more]

Wednesday, November 16, 2022 @ 3:36 PM

[ Legal Wire ] - Energy companies resolve dispute regarding patent infringement of motor technology

A Canadian clean energy company and a U.S.-based electric propulsion company have resolved litigation regarding patent infringement of electronic motor technology, without monetary settlement. ... [read more]

Tuesday, November 15, 2022 @ 10:12 AM

Access to Justice: People-centred justice requires good data | Andromache Karakatsanis

Justice is a basic human need. In our highly regulated and complex society, people confront legal problems in myriad aspects of their daily lives. And access to a just result can take many different paths. Access to justice is not just about making our justice system less costly, more timely and efficient. Although it is that too. It is about keeping the focus on the people it serves, and recognizing that courts are a last resort, that justice is often best served by resolving legal issues outside of the courts. ... [read more]