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Intellectual Property

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Tuesday, November 20, 2018 @ 9:29 AM

Changes and updates to intellectual property law a ‘field day’ for lawyers: expert Pina D’Agostino, IP Osgoode

Big changes may be in store for intellectual property in Canada as the federal government has moved to make significant amendments to patent and trademark rules. The federal government’s recently-announced omnibus budget legislation, Bill C-86, includes a number of proposed changes to intellectual property (IP) and copyright law. ... [read more]

Wednesday, November 14, 2018 @ 8:32 AM

TRADE-MARKS - Infringement - Confusion and deception

Motion by Quality Program Services Inc. (QPS) for summary trial damages for trade-mark infringement. QPS registered the mark “EMPOWER ME” in connection with energy awareness, conservation and efficiency services in British Columbia. ... [read more]

Tuesday, November 13, 2018 @ 9:02 AM

Valuing a privately held corporation: Normalization adjustments business_value_sm

When valuing a privately held business, there are several valuation approaches and techniques which Chartered Business Valuators (CBV) may use to determine a company’s value. One such method used is the income-based approach, which looks at a company’s earnings or cash flows. ... [read more]

Wednesday, November 07, 2018 @ 3:12 PM

‘Massive’ budget implementation bill replete with legal measures of note to bar and clients Jan Borowy

The Trudeau government’s latest jam-packed budget implementation bill (Bill C-86), which is under scrutiny this week at the Commons Finance Committee, includes scores of proposed regulatory measures — many of them unheralded and deserving of lawyers’ attention. ... [read more]

Wednesday, November 07, 2018 @ 11:31 AM

Aggressive pharma litigants sanctioned by massive costs award two men and pigbank

On Oct. 23, 2018, Justice Michael Phelan issued a brief nine-page decision on a motion for costs in Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research 2018 FC 259, that would hardly be worthy of mention if it had not awarded a whopping $3.48 million in costs to the defendants, who had successfully defended against a patent impeachment action and won their counterclaim for infringement against Hospira Healthcare Corporation and additional parties to the counterclaim (Hospira Parties). ... [read more]

Wednesday, November 07, 2018 @ 8:35 AM

PATENTS - Procedure - Discovery - Protective orders

Appeal by the defendant of a prothonotary’s order that dismissed its motion for a protective order. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Friday, October 26, 2018 @ 3:10 PM

USMCA and what it means for IP in Canada Canadamexicouspuzzle_sm.jpg

Minutes before the midnight deadline on Sept. 30, 2018, Canada reached a new free trade agreement with Mexico and the United States. ... [read more]

Tuesday, October 23, 2018 @ 1:57 PM

Herceptin patents survive preliminary non-infringement challenge under new rules cancercells_sm.jpg

Significant amendments to the Patented Medicines (Notice of Compliance) Regulations came into force in September 2017. A purpose of these Regulations is to ensure that manufacturers of generic or biosimilar medicines do not receive marketing authorization before addressing patents that the innovator of the medicine maintains on a “patent list.” ... [read more]

Friday, October 19, 2018 @ 10:32 AM

Cannabis roundup: This week’s legalization opinion and analysis Cannabis legalization

Here is a roundup of all the analysis and opinion pieces we published this week covering the many aspects of cannabis legalization in Canada that came into effect on Oct. 17, 2018. ... [read more]