The Federal Court of Appeal is hearing a seminal case dealing with the interface between IP and competiton law.
As is the case with other competition enforcement agencies, the Canadian Competition Bureau (the Bureau) has had to consider the appropriateness of applying the strictures of competition law to the exercise of intellectual property rights. The challenge for enforcement authorities like the Bureau is to prevent anticompetitive conduct without interfering with the legitimate exercise of these IP rights.
According to its Intellectual Property Guidelines (the IP Guidelines), the Bureau will apply the general provisions of the Competition Act only to conduct that involves something more than the "mere exercise" of an IP right....
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Rosetta Stone, Inc., which provides technology-based language learning products and services, sued Google in the U.S. District Court for the Eastern District of Virginia for direct and indirect trademark infringement and trademark dilution arising out of Google’s sale of Rosetta Stone’s trademarks as keywords in Google’s AdWords program.
When patent prosecutors file applications with the United States Patent and Trademark Office (PTO), they are required by law to include "all information material to patentability," which typically includes copies of scientific articles that may disclose relevant prior art.
In the early 1990’s, when I was applying to film schools, I recall that different schools had different policies regarding the copyright ownership of student work.
a unanimous decision, the Supreme Court invalidated personalized medicine patents on grounds they are unpatentable subject matter under Section 101 of the Patent Act.
In recent months, there have been notable developments involving privacy for mobile applications ("apps"), a number of which have important implications for app developers, distributors and marketers.
One of the objectives of the recently enacted America Invents Act ("AIA") is to broaden the opportunity to challenge the validity of patents with quick and effective alternatives to district court litigation.
While many covered entities and business associates are still adjusting to the changes to the Health Insurance Portability and Accountability Act ("HIPAA") ushered in by the Health Information Technology for Economic and Clinical Health Act, new privacy requirements that are more stringent than HIPAA recently entered into force in Texas.
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