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By Smart & Biggar/Fetherstonhaugh
On December 28, 2016, the Federal Court dismissed Alexion's appeal of a decision striking Alexion's constitutional challenge to the price regulation scheme and confiscatory powers found in sections 83-86 and 87(1) of the Patent Act.
By Smart & Biggar/Fetherstonhaugh
On February 15, 2017, the European Parliament voted to approve the Canada-EU Comprehensive Economic and Trade Agreement (CETA).
By Paul Jorgensen
On February 2, 2017, the Federal Court of Appeal released a significant decision on accounting for profits, a remedy for patent infringement in Canada: Apotex Inc v ADIR, 2017 FCA 23.
By Houston Brown, James Jun Pan
With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate.
By Daniel Anthony
In a significant decision issued yesterday, Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case.
By Philip Lapin
As we previously reported, Canada will be significantly changing its trademark law.
By Smart & Biggar/Fetherstonhaugh
The cost award appears to be the largest reported award that the Federal Court has ever granted in an action for patent infringement.
By Timothy Stevenson
In August 2015 we reported on the decision of the British Columbia Supreme Court ("BCSC") in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470.
By Christine Genge, Lionel Fishman
Chief among these changes is that colour will now be registrable as a feature of the design in combination with other design features.
By Nelson Godfrey, Neil Padgett
As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year.
By Daphne Lainson
The following are highlights of developments in Canadian life sciences intellectual property and regulatory law in 2016, updating our 2016 mid-year highlights.
By Philip Lapin
As we reported previously, Canadian trademark law will be significantly changed to adhere to several international treaties.
By Erin Creber
An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada's "Notice and Notice" copyright legislation, accusing the senior citizen of piracy and demanding that she pay an undisclosed settlement or risk a fine of up to $5,000.
By Daniel Anthony
The creators of the hit Broadway musical Jersey Boys have been found liable for copyright infringement by a Nevada Federal Court jury.
By David Schwartz
The Canadian Intellectual Property Office has issued a report entitled IP Canada Report 2016, discussing trends in IP use domestically, and by Canadians abroad, based on analysis of CIPO's internal data and those collected by the World Intellectual Property Organization.