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Intellectual Property

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Wednesday, August 07, 2019 @ 11:14 AM

Dry eye patent held invalid when viewed through proper lens teardrops_sm.jpg

The claims of a Canadian patent are the numbered paragraphs at the end that define the scope of the legal exclusivity conferred by the patent. When inventors formulate these claims, they are faced with a dilemma. If the claims are too narrow, the defendant may have a workaround. If the claims are too broad, the defendant may be able to successfully argue that the claims are invalid because they cover old or obvious subject matter. The patentee must sometimes walk a tightrope. ... [read more]

Wednesday, August 07, 2019 @ 8:04 AM

INSURERS - Duty to defend

Appeal by the insurer from an order that it had a duty to defend the respondents, and from an award of special costs. ... [read more]

Friday, August 02, 2019 @ 10:45 AM - Last Updated: Friday, August 02, 2019 @ 1:17 PM

Mistake to look at wine decision as making determination about Middle East: law prof Sam Trosow, Western University faculty of law

A Federal Court judge has ruled that wines being produced by Israeli winemakers in the West Bank cannot be labelled as “products of Israel,” with observers saying the decision may have broad implication for product labelling in Canada. ... [read more]

Tuesday, July 30, 2019 @ 2:37 PM

Patent Law Treaty ratified

On July 30, Canada formally ratified the Patent Law Treaty. ... [read more]

Monday, July 29, 2019 @ 12:51 PM

Kawhi faces Nike in copyright challenge basketball player

Recently the lawsuit commenced by Kawhi Leonard against Nike and Nike’s response have attracted significant attention. The dispute also involves some interesting and recurring copyright issues. ... [read more]

Thursday, July 25, 2019 @ 3:16 PM

Canada’s ambiguity on art: appeal decision awaited Blue iris closeup

The significant Heffel Gallery Limited v. Canada (Attorney General), 2018 FC 605 (Heffel) decision was appealed to the Federal Court of Appeal in February. Since the Heffel decision was rendered in June 2018, works applying to be certified by the Canadian Cultural Property Export Review Board for the purposes of the special donation tax credit were put on hold until the result of the appeal was released. ... [read more]

Wednesday, July 24, 2019 @ 11:02 AM

Amending PIPEDA: Case for accountability above consent Mapleleafbriefcase

Call it pre-poll posturing or a latecomer to the party, but Canada’s Digital Charter, released by the federal government in May this year, makes the right noises. That is, if you look at it solely as a precursor to what is hopefully relevant and well thought out lawmaking in future. ... [read more]

Tuesday, July 23, 2019 @ 12:20 PM

Nothing inventive in using well-known technology to mimic humans, says court in patent case Jenna Wilson, Wilson Lue LLP

The Federal Court of Appeal has overturned a patent on software related to inspection of railroad tracks, with a lawyer involved in the case saying he believes it is the first time in many years the court has declared a patent invalid on obviousness after it had previously been declared valid. ... [read more]

Tuesday, July 23, 2019 @ 8:30 AM

Judges lead cross-border commercial courts co-operation international_law_sm

Important developments in cross-border co-operation among commercial courts have been taking place over at least the past four years, largely under the radar of many lawyers and judges. ... [read more]

Monday, July 22, 2019 @ 2:37 PM

International considerations concerning trademarks airplanes stylized

Although much has been said about global brands, the fact remains there are relatively few of them. It has been observed that despite the alleged homogenization of the world market, less than four per cent of the numerous brands owned by six of the world’s most powerful consumer goods companies, Procter & Gamble, Nestle, Kraft, Colgate and Quaker could be classified as global brands. Notwithstanding this observation the fact remains that many brand owners have expanded or are considering expansion of their brands to additional countries. This article will deal with some of the matters that must be considered. ... [read more]