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Intellectual Property

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Monday, January 06, 2020 @ 2:42 PM

Multiple masters: A modern lawyer’s dilemma | Gary Joseph

The website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]

Friday, December 20, 2019 @ 3:01 PM

What to use vs. how to treat: Important distinction for patentability of health care inventions Medical man

Canada has a long-standing prohibition against granting patents for inventions that are “methods of medical treatment.” A decision of the Patent Appeal Board (PAB) issued earlier this year provides some clarity on when an invention will be considered a method of medical treatment and when it will be considered patentable subject matter. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Wednesday, December 18, 2019 @ 8:41 AM

New senior counsel for Fasken in Montreal

Fasken announced that Jonathan Cutler has joined the firm’s Montreal office as senior counsel. ... [read more]

Tuesday, December 17, 2019 @ 1:39 PM

Trademark revival in Alberta radio station case Studiomic.jpg

A case before the Court of Queen’s Bench of Alberta raises some interesting intellectual property issues. ... [read more]

Tuesday, December 17, 2019 @ 1:09 PM

Singapore Convention a big boost for international mediation global_handshake_sm

The mediation of commercial disputes has been common practice in North America for several years, but its popularity has lagged elsewhere, particularly for cross-border disputes. That may change as this past August, the United Nations Convention on International Settlement Agreements resulting from Mediation opened for signature. ... [read more]

Friday, December 13, 2019 @ 9:00 AM

Bad faith in trademark context EU Flag with lock

There have been several recent developments concerning “bad faith” and it seems just a matter of time before we face this issue in Canada. ... [read more]

Thursday, December 12, 2019 @ 1:42 PM

New IP partner for Fasken in Montreal

Fasken announced that new partner and patent agent Alain Leclerc has joined the firm’s intellectual property (IP) practice group in the Montreal office. ... [read more]

Wednesday, December 11, 2019 @ 1:09 PM

Smart & Biggar adds four associates in Montreal

Smart & Biggar announced that associates Elodie Dion, Ali Faridukbou, Christopher A. Guaiani and Lorena Olmos have joined the firm’s litigation and patents team in Montreal. ... [read more]