Focus On

Intellectual Property


Monday, August 19, 2019 @ 11:42 AM

Understanding how trademark system works Electricpatent

A business owner should understand how the trademark system works. In Canada, the Trademarks Act applies to a trademark/brand name and is of fundamental importance. Obtaining a trademark registration facilitates the protection of the mark. ... [read more]

Monday, August 19, 2019 @ 9:33 AM

PATENTS - Defences to infringement - Obviousness

Appeal by the defendant Tetra Tech from trial judgment finding that the respondent’s patents were not invalid due to obviousness and that appellant’s track inspection system infringed the respondent’s patents for track inspection systems. ... [read more]

Thursday, August 15, 2019 @ 12:33 PM

New IP, tech associate for DLA Piper

DLA Piper (Canada) LLP announced that Richard Mar has joined the firm’s Toronto office as ‎associate counsel in the intellectual property (IP) and technology group.‎ ... [read more]

Thursday, August 15, 2019 @ 9:42 AM

Federal Court awards compensation to Rogers in file sharing case Andrew Bernstein, Torys LLP

The long journey of a number of film production companies in seeking compensation from alleged copyright infringers has taken yet another step after the Federal Court has finally awarded costs to Rogers Communications for finding the information the companies were seeking, at a level far above what they thought the communications giant was entitled to. ... [read more]

Tuesday, August 13, 2019 @ 11:52 AM

New counsel joins Bereskin & Parr

Bereskin & Parr LLP announced that Naomi Zener has joined the Toronto intellectual property (IP) firm as counsel. ... [read more]

Friday, August 09, 2019 @ 11:46 AM

Vancouver firm opens Toronto office

Vancouver law firm Alexander Holburn Beaudin + Lang LLP announced its expansion to Toronto and the opening of its new office on Aug. 10 in the TD Canada Trust Tower of Brookfield Place on Bay Street. ... [read more]

Friday, August 09, 2019 @ 11:37 AM

Trademarking obscene, scandalous brands swearing words

In Canada, s. 9(1)(j) of the Trademarks Act includes a prohibition against the registration of a mark that may be “scandalous, obscene or immoral.” Seems straightforward, right? Well, in practice it is based on the subjective bias of the trademark examiner assigned to the application and as a result the Trademarks Office has been quite inconsistent in its implementation. ... [read more]

Thursday, August 08, 2019 @ 11:37 AM

Five new patent agents join Gowling WLG

Gowling WLG announced that five professionals who have recently passed the Canadian Intellectual Property Office (CIPO)’s patent agent qualification examination have joined the firm. ... [read more]

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]