and
Beverley Moore
OTHER CASES OF INTEREST
Trade-mark Expunged for Lack of Evidence of Use
Fraser Sea Food Corp. v. Fasken Martineau Dumoulin LLP
A trade-mark registration was expunged by the Registrar of Trade-marks for failure to file evidence in response to a notice requiring the trade-mark owner to show use of the trade-mark in Canada at any time during the preceding three-year period. The Applicant submitted new evidence to the Court in its appeal of the expungement. The Court noted that the bar to demonstrate use is low but that it is not sufficient to state that the trade-mark has been used, it must show that the trade-mark was used. The Court further noted that evidence of use can take the form of a single commercial transaction but this transaction must be genuine, bona fide and not undertaken to protect the trade-mark. The Court found the evidence to be inadequate and dismissed the appeal.
Patent Claims Rejected by Commissioner of Patents as Obvious
Commissioner's Decision No. 1308
The Commissioner of Patents (Commissioner) refused to grant a patent relating to point-of-sale computer systems capable of printing or generating discount coupons conditionally having borders. The Commissioner held that the addition of conditional printing of watermarks and/or borders on the receipts in the patent application does not give rise to ingenuity. Thus, the claims would have been obvious to a person of skill in the art. The Commissioner would also require amendment of the claims to render them compliant with s. 27(4) of the Patent Act, if a Court disagrees with the finding of obviousness.
OTHER INDUSTRY NEWS
The Therapeutic Products Directorate Statistical Report 2010 for the Patented Medicines (Notice of Compliance) Regulations and Data Protection was released July 28, 2011.
Health Canada has announced that it will be posting Prescribing Information to its website, in the Drug Product Database Online Query.
The PMPRB has released the Preliminary "Backing-Out" Formulas for Foreign Price Verification.
The National Prescription Drug Utilization System has released a new analytical report entitled New Drug Pipeline Monitor – July 2011".
The PMPRB has released its July 2011 Newsletter.
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