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Intellectual Property

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Tuesday, October 16, 2018 @ 9:17 AM

Top judge suggests Ottawa should publicly explain when it rejects courts’ reasonable budget requests TLD Exclusive

Federal Court Chief Justice Paul Crampton says the federal government should be obliged to account to the public why it turns down budgetary requests from Canada’s four national courts that are deemed reasonable by an independent advisory body. Since budget freezes nearly shuttered some of his courtrooms last year, the Federal Court’s leader has been striving to come up with a way to boost the operational funding of the itinerant national trial court that has seen successive governments turn down budget requests from the Courts Administration Service (CAS) — the registry for the Federal Court, Federal Court of Appeal, Tax Court and Court Martial Appeal Court. ... [read more]

Monday, October 15, 2018 @ 12:31 PM

Blaney McMurtry bolsters team with addition of eight associates

Blaney McMurtry LLP announced that Benjamin Burgar, Jonathan Fillipone, Dena Givari, Zoe Hontoulas, Shayan Kamalie, Jonathan Mor, Anthony Gatensby and Harrison Nemirov have joined the Toronto firm as associates. ... [read more]

Friday, October 12, 2018 @ 9:17 AM

Experts’ opinion that Canada ‘caved on IP’ in USMCA is all about skewed perspective | May Cheng

On Oct. 1, 2018, following frenzied weekend trade negotiations, Canada announced that it would join in the new tripartite agreement to replace the North American Free Trade Agreement with the new United States-Mexico-Canada Agreement. Early news coverage also started to point to experts claiming that Canada “sold out” on intellectual property (IP) provisions and that the deal on IP was “bad for Canada.” I couldn’t disagree more. ... [read more]

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]