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Intellectual Property

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Monday, January 15, 2018 @ 8:29 AM

A torrent of claims: Preparing for a new era in copyright torrent_copyright_sm

It might start with a notice or two. There is a first Doe, and another, and then a Norwich order or two. Finally, a statement of claim arrives at your client’s doorstep. Another torrenting action is launched, and your client must respond. his used to be an unlikely scenario. Now, the Supreme Court is set to hear a case about $150 that could change the trend of copyright enforcement in Canada. ... [read more]

Friday, January 12, 2018 @ 2:23 PM

Mills & Mills names two new partners

Mills & Mills LLP, a firm that has been based in Toronto for over 130 years, has promoted two of its members to partner status. ... [read more]

Thursday, January 11, 2018 @ 12:13 PM

New members join Gilbert’s LLP

Toronto-based Gilbert’s LLP has welcomed two new partners and a new associate. ... [read more]

Wednesday, January 10, 2018 @ 8:40 AM

Net neutrality: Ensuring free flow of information while protecting ISP networks

Net neutrality received considerable attention at the end of 2017 after the announcement from the U.S. Federal Communications Commission stating its intention, and later its decision, to repeal U.S. net neutrality regulations passed by the Obama administration. At present, there appears to be little appetite for similar action scaling back of net neutrality from the Canadian government or the CRTC. ... [read more]

Tuesday, January 09, 2018 @ 3:20 PM

Six Stewart McKelvey associates named partner

Stewart McKelvey is starting off the new year by adding six new partners in three of its Atlantic Canada offices. All were associates at the firm. ... [read more]

Tuesday, January 09, 2018 @ 2:37 PM

Gowling WLG grows team

As of the first of the year, Gowling WLG (Canada) LLP has 19 new partners. ... [read more]

Tuesday, January 09, 2018 @ 11:12 AM

PATENTS - Constitutional issues and legislation - Patent Act - Procedure - Judicial review

Appeal by Alexion Pharmaceuticals Inc. (Alexion) from the summary dismissal of its judicial review application, challenging the constitutionality of provisions of the Patent Act granting the Patented Medicine Prices Review Board (Board) authority to make remedial orders where it found that a patentee of an invention pertaining to a medicine was selling the medicine at an excessive price. ... [read more]

Tuesday, January 09, 2018 @ 8:59 AM

The smart approach to foreign exchange in accounting of profits cases foreign_exchange_sm

The accounting of profits award in Dow Chemical Co. v. Nova Chemicals Corp. 2017 FC 350 is one of the largest awards for intellectual property infringement in Canadian history ($644 million). I have written about some aspects of the case previously; in this article, I will discuss Justice Simon Fothergill’s treatment of the issue of foreign exchange rates. ... [read more]

Tuesday, January 02, 2018 @ 9:49 AM

Decision clarifies the limits of copyright protection for data data_copyright_sm

“The world’s most valuable resource is no longer oil, but data.” That is the title of a May 2016 article in The Economist. Data is valuable. But who, if anyone, can own, control and distribute data? Data, like other valuable resources, attracts disputes over ownership and control. Still, the legal basis for ownership of data is not well understood. ... [read more]

Thursday, December 28, 2017 @ 9:31 AM

Bereskin & Parr adds IP associate to Toronto office

Bereskin & Parr announced that Donald Bocchinfuso has joined the firm’s Toronto office as an associate and member of its life sciences group. ... [read more]