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Intellectual Property


Monday, June 19, 2017 @ 8:51 AM

U of T law students put their trust in science Aled Edwards

Scientists have discovered when they are looking to resolve thorny intellectual property problems they should look to the University of Toronto. ... [read more]

Monday, June 05, 2017 @ 8:17 AM


Appeal by Suthanthiran, Best Theratronics (Best) and Best Medical Belgium (BMB) from a sending order granted in favour of the Belgian government. Suthanthiran was the founder and owner of Best, which was in the business of cancer diagnosis and treatment. Best manufactured cyclotrons, machines that produced radioactive isotopes for use in radiation therapy. Belgian authorities sought Canada’s assistance in investigating whether three transactions, involving a loan and the purchase and sale of two cyclotrons, were criminal offences in Belgium. The Attorney General of Canada obtained a search warrant for Best’s offices in Canada for records relating to the alleged criminal transactions. The premises were searched and records were seized. Suthanthiran claimed that the records seized contained a vast array of commercially sensitive information, valuable to Best’s competitors, but of little value in the criminal prosecution. Belgium sought a sending order. Best wanted the order tailored to ensure that a state-owned competitor of Best did not get access to the commercially sensitive information. The sending order was granted, without any conditions restricting access to the documents to those involved in the criminal prosecution. The sending hearing judge found no evidence that Belgium was acting in bad faith or that the Request for assistance was part of a conspiracy to obtain intellectual property belonging to Suthanthiran and Best. The sending hearing judge also found that Suthanthiran’s concerns were answered by the mutual legal assistance treaty between Canada and Belgium which precluded Belgium from disclosing or using the information sent, except for the purpose of the criminal fraud investigation, without the prior consent of the Minister of Justice. ... [read more]

Thursday, June 01, 2017 @ 3:11 PM

Hi-Tech: 3D printing opens up IP can of worms | Luigi Benetton

Three-dimensional printing can be used to create all sorts of physical objects, from small toys to entire houses. Whole economies may be transformed if it’s cheaper to print products near where they’re sold instead of importing from faraway lands, and the effects on society don’t end there. Three-dimensional printing is also called additive manufacturing. It shapes raw materials into the desired form without the waste caused by subtractive manufacturing, or machining, where machines cut pieces of raw material to create objects. ... [read more]

Thursday, May 25, 2017 @ 8:47 AM

OIL AND GAS - Exploration - Survey - Seismic survey - Offshore

Appeal by Geophysical Service Incorporated (GSI) from the dismissal of its claims against multiple parties for unlawful disclosure and copyright infringement. GSI conducted offshore seismic studies and licensed its data for a fee to third parties for resource exploration. The regulatory regime pursuant to which GSI collected seismic data required it to obtain licences and authorizations from the National Energy Board and Newfoundland and Nova Scotia offshore petroleum boards. GSI was obliged to submit the data it acquired to the boards. After certain privilege periods expired, the boards permitted third parties to access and copy seismic data in their possession. GSI took the position that unfettered copying was not permitted by the regulatory regime, and that the boards were wrongfully permitting oil and gas companies to acquire valuable data without licensing the data from GSI or without paying GSI for the data. GSI took the position that third party commercial copying companies were thereby breaching its copyright to the acquired and retained seismic data. In dismissing GSI’s action against the boards, various oil and gas companies and companies involved in copying data, the court conducted a historical review of the regime and found that there had been a regulated process for obtaining permits coupled with a requirement to submit data to various regulatory bodies, and that this data had been made available for disclosure to the public after a certain period of time without compensation to the seismic data owners. The court was of the view that the Canada Petroleum Resources Act expressly affected GSI’s rights in its data once the five-year privilege period expired. The court found that the specificity of the regime trumped the more general legislative scheme governing copyright. ... [read more]

Thursday, May 18, 2017 @ 2:29 PM

Langlois launches legal services program for startups

Langlois lawyers has announced the launch of L-inc. Project, a legal services program for innovative, growing startups. ... [read more]

Thursday, May 18, 2017 @ 9:06 AM

Growing pains: The emerging role of IP in selling Canadian cannabis

Licensed producers and others looking to enter Canada’s medical or recreational cannabis industry should be thinking about how they will distinguish their business, products and services from others, in what will undoubtedly become a crowded and competitive marketplace. Intellectual property protection available under Canadian and foreign laws should be an important part of that strategy. ... [read more]

Wednesday, May 17, 2017 @ 3:39 PM

Hi-Tech: Printers invaluable but can be targeted by hackers | Luigi Benetton

Welcome to part two in a two-part series on the role of printers in law firms. In the first instalment, we discussed what firms want in printers. Today we’ll look at keeping printers safe from hackers. ... [read more]

Monday, May 08, 2017 @ 2:59 PM

Former Supreme Court justice joins Osler

Marshall Rothstein, former justice with the Supreme Court of Canada, is joining Osler, Hoskin & Harcourt LLP's Vancouver office. ... [read more]

Thursday, May 04, 2017 @ 8:30 AM

PATENTS - Criteria for patent protection - Non-obviousness - Inventive ingenuity - Procedure - Appeals

Appeal by Bristol-Myers Squibb from a ruling finding its 736 Patent invalid on the basis of obviousness. The appellant acquired rights to the atazanavir molecule, a complex molecule used to treat the HIV virus and AIDS. The molecule was the subject of a 1997 patent application granted in 2006 under the 840 Patent to Novartis. In 1998, the appellant filed a patent application in respect of a salt of atazanavir on the basis its superior bioavailability made it useful in formulation of an oral dosage. The appellant was granted the 736 Patent in 2004. The respondent, Teva Canada, commenced proceedings under the Patented Medicines (Notice of Compliance) Regulations. The Federal Court ruled that the 736 Patent was invalid for obviousness and rejected the appellant's application for a writ of prohibition. The appellant appealed. ... [read more]

Tuesday, May 02, 2017 @ 10:34 AM

Osler hosts IP seminar for emerging companies

Join Osler, Hoskin & Harcourt LLP partner Nathaniel Lipkus for a lunch and learn seminar on intellectual property from noon to 1 p.m. on May 15 in Toronto. ... [read more]