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Intellectual Property

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Thursday, August 17, 2017 @ 8:35 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 @ 8:27 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 @ 8:37 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]

Friday, June 30, 2017 @ 1:38 PM

PATENTS - Criteria for patent protection - Utility - Doctrine of sound prediction - Invalidity of patent

Appeal by AstraZeneca Canada Inc., AstraZeneca Aktiebolag and AstraZeneca UK Limited (collectively, “AstraZeneca”) from a judgment of the Federal Court of Appeal which declared its 2,139,653 patent (“Patent”) invalid for want of utility. ... [read more]

Friday, June 30, 2017 @ 12:31 PM

Hi-Tech: 3D printing and the law | Luigi Benetton

The costs and technical sophistication associated with 3D printing currently keep it in the realm of industry and enthusiasts. That doesn’t mean the legal community can afford to ignore it. ... [read more]

Friday, June 30, 2017 @ 12:06 PM

Updated: SCC revamps patent utility standard by scrapping 'promise doctrine' Malcolm Rowe

In a patentee-friendly revamp of Canada’s patent utility standard, the Supreme Court has ruled that the “promise of the patent” doctrine is “not good law” and should no longer be used as a yardstick to assess whether a patent for an invention discloses sufficient utility under s. 2 of the Patent Act. ... [read more]