Canada: Canadian Patent Law: 2017 Year In Review

2017 was a busy year in Canadian patent law. The contentious Promise Doctrine was rejected by the Supreme Court of Canada in AstraZeneca v Apotex, the largest monetary judgment for patent infringement in Canadian history was awarded in The Dow Chemical Company v Nova Chemical, the Patented Medicines (Notice of Compliance) Regulations and the Patent Rules were significantly amended, and Bill C-30 introduced an ability to seek patent term restoration through a "Certificate of Supplementary Protection" in certain circumstances.  

This article summarizes these and other noteworthy decisions and developments in Canadian patent law from 2017.


Promise Doctrine Abolished – AstraZeneca v Apotex

The Supreme Court of Canada ("SCC") involved itself in matters of substantive patent law for the first time since 2012 in AstraZeneca v Apotex ("AstraZeneca"1). The SCC found that the so-called Promise Doctrine is incongruent with the Patent Act's utility requirement, and thus that it provided an incorrect basis on which to determine whether an invention met the required threshold of being "useful".

The Promise Doctrine was found to be excessively onerous for two reasons. First, it required that the standard of utility be measured as against "promise(s)" expressed in the patent in a manner that conflated the s. 2 utility requirement with the s. 27 disclosure requirement. The SCC confirmed the holding from Consolboard v MacMillan Bloedel2 that utility and disclosure are separate requirements, and that any "use" disclosed by virtue of s. 27(3) need not be demonstrated or soundly predicted in order to meet the s. 2 "utility" requirement.

Second, Rowe J., writing for a unanimous panel, found that the Promise Doctrine went beyond the scope of the Patent Act as, in situations where a patent contained multiple "promises", it required that each promise be fulfilled in order for a patent to be valid. Rowe J. found that "a single use makes a subject-matter "useful" under s. 2 of the Patent Act.

The SCC set out a new test for utility after its discussion and rejection of the Promise Doctrine. The two-part test set out by the SCC requires courts to:

  1. Identify the subject-matter of the claimed invention; and

  2. Ask whether that subject-matter is useful, in that it is capable of even a scintilla of any practical purpose that is related to the nature of the subject-matter identified in question 1.

Thus, following AstraZeneca, patents whose claimed subject-matter were demonstrated or soundly predicted as of the filing date to have any scintilla of utility connected to the subject-matter of the claimed invention will meet the s. 2 utility requirement. The SCC found the patent at issue in AstraZeneca to be useful, overturning the trial judge's finding on point (which was based on the Promise Doctrine).

Failed Attempts to Revive the Promise Doctrine – Dasatinib FCA and Desvenlafaxine

The Federal Court ("FC") and Federal Court of Appeal ("FCA") were presented with arguments in separate proceedings as to the proper application of AstraZeneca following its release. In each instance, the lower courts read AstraZeneca contextually and rejected arguments that sought to revive the Promise Doctrine.

Bristol-Myers Squibb v Apotex ("Dasatinib FCA")3 was an appeal brought by Bristol-Myers after an allegation of inutility brought by Apotex succeeded before the FC in a decision pre-dating AstraZeneca.4 The claim at issue, claim 27, was to the compound known as dasatinib, which is used in the treatment of a type of leukemia. The FC found that the patent at issue made promises that dasatinib would treat a range of ailments despite the bare nature of the claim, and that these promises were not all demonstrated or soundly predicted as of the filing date.

AstraZeneca was released before the FCA issued its decision. Bristol-Myers argued that the pre-filing date demonstration that dasatinib inhibited certain enzymes in in vitro tests satisfied the scintilla threshold set out in AstraZeneca. Apotex countered by arguing that the subject-matter of claim 27 was to the potential therapeutic uses of dasatinib, and that in vitro kinase inhibition "cannot constitute a use at law" as it was only a "laboratory curiosity" and not capable of a practical purpose. The FCA disagreed, holding that the in vitro kinase inhibition was a useful discovery that met the "minimal utility requirements" put in place in AstraZeneca. Bristol-Myers succeeded on its appeal.

Pfizer v Apotex5 (Pristiq Apotex) and Pfizer v Teva6 (Pristiq Teva) were applications for orders of prohibition that were heard before but decided after AstraZeneca's release. The FC invited the parties to make submissions as to the impact of AstraZeneca following the hearing in the Pristiq matters.

The claims at issue were found to meet the s. 2 utility requirement following an application of AstraZeneca in both cases. Notably, Apotex in its supplemental submissions also argued that the patent at issue was invalid because it contained "overpromises", which Apotex argued were identified as a "mischief" in AstraZeneca that would lead to the invalidation of a patent pursuant to s. 27(3). Brown J. dismissed Apotex's interpretation of AstraZeneca, holding that its argument resembled the old Promise Doctrine. Brown J. ruled that, had the SCC intended to say that the old Promise Doctrine did not apply under s. 2 but that it could be used to invalidate patents under s. 27(3), the SCC could have stated such an intention, but that it did not.

The $644,623,550.00 Patent Infringement Judgment – Dow v Nova

There were two 2017 decisions issued in the ongoing patent dispute between The Dow Chemical Company and Nova Chemicals that related to the compensation owed to Dow by Nova's infringement of Dow's valid patent. The decisions are notable because they set a record high monetary award for patent infringement in Canada – approximately $644 million, plus interest.

In the first of these decisions7 the Court set various parameters for the parties to calculate the monetary award. Pre-patent grant "reasonable compensation" was awarded as an 8.8% reasonable royalty. Dow elected for an accounting of profits for compensation post-patent grant, and the Court found that the "full cost" method of calculating profits was more appropriate than the "differential profits" or "incremental cost" approaches given the circumstances of the particular case. Further, "springboard profits" to compensate for the infringer's artificially enlarged market share upon patent expiry were awarded to Dow for a period of 20-months post-expiry.

The parties were unable to agree on all facets of the calculation following the first decision, requiring the Court to resolve an issue relating to currency conversion and two calculations pertaining to Nova's fixed costs. The second decision8 addressed these questions and set out the final $644,623,550 plus interest award to Dow. Previously, decisions in the $100-125 million range represented the largest awards in Canadian history (Merck v Apotex, 2013 FC 751 and Lilly v Apotex, 2014 FC 1254).

FCA Considers the Law of Obviousness – BMS v Teva and Ciba Specialty Chemicals v SNF

Two FCA decisions in 2017 were notable for their comments on the obviousness test as established in Apotex v Sanofi-Synthelabo (Sanofi SCC)9.  In Sanofi SCC, a four-part test for obviousness was established, which included an inquiry into what the "inventive concept" of a claim in question is. 

In the first decision, BMS v Teva10, the FCA held that the "inventive concept" is akin to "the solution taught by the patent".  In doing so, and in acknowledging that there is a lack of clarity in the law concerning what constitutes the "inventive concept", the FCA found based on the facts of this particular case no difference between the solution taught in the patent in suit and the prior art.  The FCA also found that, in any event, had there been any difference between the prior art and the solution taught by the patent, such difference would have been bridged by the skilled person based on the common general knowledge.  Furthermore, it would have been "obvious to try" the claimed invention based on the findings that it was quickly and easily discovered and there was motivation to discover it.  Therefore, the obviousness allegation was justified.

In the second decision, Ciba Specialty Chemicals v SNF11, the FCA again addressed the question of the "inventive concept".  In this case, the FCA explicitly noted that the "'inventive concept' remains undefined", which has led to "considerable confusion [in] the law of obviousness", and invited the Supreme Court "to develop a workable definition of the inventive concept".  The FCA went on to comment in some detail regarding aspects of the four-part obviousness analysis, including what courts should be referring to at steps 3 and 4 (i.e., the "state of the art" or the "prior art", and the "common general knowledge"), and ultimately concluded the patent in suit was invalid for obviousness.  Notably, in concurring reasons, Woods J.A. disagreed with Pelletier J.A. having provided such comments on the obviousness analysis, as neither party had pleaded, raised or briefed the FCA on these issues.

Third Party Funding of Patent Litigation – Seedlings v Pfizer

In Seedlings v Pfizer12, the Federal Court was asked to approve a litigation funding agreement.  Seedlings, with the assistance of a third party funder, had sued Pfizer for patent infringement regarding a medical device.  The Court held that: (i) third party funding agreements are protected by at least litigation privilege; (ii) approval of third party funding agreements is outside the Federal Court's jurisdiction such that if approval is desired, a party should go to provincial courts; (iii) litigation funders are bound by the implied undertaking rule; and, (iv) outside of the class action context, "[t]here is no legal or logical basis to extend the requirement of pre-approval" of a funding agreement to the private litigation context.  Regarding (iv), the Court specifically noted that "the manner in which [the plaintiff] chooses to fund a litigation it has every right to bring is of no concern to the Court or to the Defendant", and "[t]he Defendant has no legitimate interest in enquiring into the reasonability, legality or validity of [the] [funding] arrangements."

Pursuing a Knowingly Unmeritorious Claim – Mediatube v Bell Canada

Mediatube Corp v Bell Canada13 was a decision in an action where Mediatube's patent was found to be valid but not infringed. It is most notable for its costs analysis. The plaintiff Mediatube, an alleged non-practicing entity, argued that it should be entitled to costs regardless of the result in the proceeding on the basis that Bell cited 753 prior art references, because Bell provided critical updates to its discovery answers on the issue of non-infringement late in the proceedings, and because Bell disparagingly referred to Mediatube as a "patent troll". Bell argued that it should be entitled to elevated costs because Mediatube dropped all of its non-infringement allegations except for those relating to stand-by utility at trial, and because Mediatube maintained a meritless claim for punitive damages that it dropped during the middle of trial.

Locke J. of the FC found that Mediatube was not entitled to its costs. In particular: (i) Bell narrowed its asserted prior art to a small subset in its expert reports, and Mediatube had no evidence that it faced unwarranted expenses as a consequence of Bell's allegation; (ii) Bell acted in good faith in providing its corrected discovery answers, and Mediatube could not have had a case for non-infringement even before the corrected discovery answers were given; and (iii) the characterization of Mediatube as a "patent troll" was not akin to a fraud allegation, and there was "no objective untruth" to the statement.

Bell was granted its costs at an elevated scale. Bell was awarded its costs plus 50% on the basis that Mediatube pursued what it should have known was an unmeritorious allegation of non-infringement. Bell was further granted solicitor-client costs in respect of Mediatube's punitive damages claim because Mediatube had the information that it needed to know that its allegation was baseless and yet it did not drop the allegation until the middle of trial.

FCA Application of the Supreme Court's Viagra Decision – Teva v Leo Pharma

Teva v Leo Pharma14 was an appeal by Teva of an order granting Leo's application for an order of prohibition in which Teva argued that the FC Judge made errors in his sound prediction and insufficiency analyses. Of note, Teva argued that the SCC changed the law of sufficiency in its 2012 Teva v Pfizer ("Viagra")15 decision when it stated that the invention was not sufficiently disclosed because the skilled reader would have to conduct a minor research project to determine which claim is the true invention.  Teva argued that this passage from the Viagra decision precluded the ability to consider the use of non-inventive trial and error experimentation in the enablement analysis.

The FCA dismissed Teva's argument. The FCA distinguished Viagra, which dealt with the failure to disclose the "invention itself", with the case at bar, where the question was whether the skilled person could put a properly disclosed invention into practice. The FCA held that the need to use trial and error experimentation "to enable the skilled person to use the invention does not render the disclosure in a patent insufficient".

Pre-grant defects do not invalidate a patent – Apotex v Pfizer

The FCA confirmed in Apotex v Pfizer16 that an accused infringer cannot rely upon pre-grant administrative errors to invalidate a patent.  In this case, the applicant had paid the incorrect final (issuance) fee, and this payment was accepted by the Patent Office such that the patent was granted.  Despite the error, the FCA took a contextual rather than literal approach to the Patent Act and found that it would be absurd to invalidate the patent on the basis of the applicant being "a few pennies short". 

Bill C-30 – The New PM(NOC) Regulations and Certificates of Supplementary Protection

The EU-Canada Comprehensive Economic and Trade Agreement ("CETA") was long-awaited by the IP bar and IP stakeholders in Canada due to its anticipated consequences. Patent law was most impacted by the modification of the PM(NOC) Regulations (the "New NOC Regulations") and the introduction of Certificates of Supplementary Protection ("CSPs") through amendments to the Patent Rules. The legislative schemes underlying the New NOC Regulations and CSPs were unveiled in July, 2017 and came into force on September 21, 2017. 

Changes to the PM(NOC) Regulations

CETA brought about an overhaul of the NOC Regulations. Whereas under the previous NOC Regulations section 6(1) proceedings were held to determine whether allegations of invalidity or non-infringement made in a generic's Notice of Allegation ("NOA") were justified, the New NOC Regulations provide for section 6(1) proceedings to proceed by way of actions, with viva voce witnesses and discovery rights. Some of the most noteworthy changes/outcomes of the new scheme include:

  • The relief sought is no longer an order prohibiting the Minister of Health from issuing a Notice of Compliance to the second person (the generic) based on whether the allegation(s) of invalidity and/or non-infringement in the generic's NOA are justified. Rather, proceedings under the New NOC Regulations provide for final determinations of validity and infringement;
  • Patentees are now granted an automatic right of appeal should the generic succeed at the trial of the action, regardless of whether the generic's NOC has been issued;
  • As proceedings will take place via full action rather than via application, parties will be granted rights of discovery and trials will take place with viva voce testimony being provided. Thus, there will no longer be out of court cross-examinations followed by hearings based solely on transcript evidence;
  • Proceedings will still operate on a 24-month timeline, commencing upon the service of the Statement of Claim and ending upon the Court rendering a decision. Completing full actions in this timeframe will result in compressed litigation timelines. Trials are anticipated to run for approximately two weeks;
  • Any claim of a patent listed on the Patent Register can be enforced in a proceeding under the New NOC Regulations. Previously, individual claims that did not meet the listing requirements could not be asserted (e.g., process claims, kit claims);
  • The scope of recovery under section 8 may be expanded in some situations. The New NOC Regulations do not explicitly impose an end date to the period of recovery, unlike the previous legislation. Further, all plaintiffs to a litigation are to be "jointly and severally" liable, as opposed to just the first person;
  • Patentees will be required to produce a variety of documents, such as lab notebooks and research reports, as early as upon serving their statement of claim (45 days after receipt of a NOA);
  • The burden of proof for invalidity will lie on the generic in accordance with section 43(2) of the Patent Act; and
  • Patentees who do not start proceedings within 45 days of receipt of a NOA will be precluded from instituting proceedings on the same patent against the same generic in the future.

Overall, the New NOC Regulations address certain concerns with the previous scheme but will pose logistical challenges, especially in transitioning to full impeachment/infringement actions in the limited 24-month time period. A more detailed discussion of the New NOC Regulations can be found here.

Introduction of Certificates of Supplementary Protection

CETA also brought about CSPs, a means of restoring up to two years of lost patent protection for pharmaceutical products caused by delays in regulatory activities or obtaining marketing approvals.

In order to calculate the term of a CSP one must subtract five years from the approval date of the drug, and then look at the difference between this date and the filing date of the patent at issue. If the approval date less five years is later than the filing date, there may be CSP eligibility for the difference in time between this date and the patent's filing date, up to a maximum of two years. The Minister of Health can shorten this term at her discretion, for instance if the patentee delayed the process of obtaining its market authorization.

However, not all patents will be eligible for a CSP. Only patents that pertain to a medicinal ingredient or a combination of medicinal ingredients qualify. In short, the only patents that will qualify are those that claim: (i) the medicinal ingredient/combination of medicinal ingredients (the active compound(s) themselves); (ii) the active compound(s) when made by a specified process (product-by-process claims); or (iii) a use of the active compound(s) (use claims). The product/product-by-process/use claimed must relate to the drug for which the authorization for sale was issued.

Additionally, only one patent per medicinal ingredient/combination of medicinal ingredients can benefit from a CSP. Thus, in the situation where a single product is covered by, for example, separate compound and use patents, the patentee will have to select which patent it wants to benefit from the CSP. Further, a strict definition of "medicinal ingredient" is used, and CSPs will not be available to medicinal ingredients that are altered (e.g. as a different salt form, enantiomer, solvate, polymorph, ester, chelate, or in vivo or in vitro post-translational modification of the medicinal ingredient).

A more detailed discussion of CSPs and their introduction into Canadian law can be found here:

DRAFT Amendments to the Patent Rules

Significant amendments to the Patent Rules have been proposed and are expected to come into force in 2018 or 2019.  Important aspects of the amendments include the following:

  • Applications will be able to be filed "in any language" provided that the applicant subsequently files an English or French translation within two months;
  • Late filing of PCT applications into Canada (by the 42-month deadline from the earliest priority date with payment of a late fee) will no longer be as of right.  Rather, late filing by the 42-month deadline will only be permitted where an applicant additionally provides a declaration that the failure to timely enter the national phase was unintentional and a statement of reasons for the failure.  The decision as to whether to allow late entry is left to the discretion of the Commissioner of Patents;
  • Electronic filing of applications will be permitted and considered received on the actual date of receipt, even if the day is a weekend or holiday.  This amendment may prove beneficial to applicants needing to file by a certain deadline to, for example, stay within a one-year grace period for prior disclosures;
  • Requests for withdrawal of notices of allowance to allow for further substantive prosecution will be allowed, thus avoiding the approach of allowing an application to go abandoned and then reinstating;
  • Priority restoration requests will be permitted within two months of a filing date;
  • Reinstatement of abandoned applications may in certain circumstances require a demonstration of due care having been exercised;
  • Requests for examination will need to be made within three years of filing instead of the current five years from filing; and
  • Responses to office actions and notices of allowance will be shortened to four months, though in some cases may be extendible up to six months with payment of a fee and proper justification.

A more detailed discussion of the draft amendments to the Patent Rules can be found here.


1 2017 SCC 36, discussed here:

2 [1981] 1 S.C.R. 504

3 2017 FCA 190, discussed here:

4 2017 FC 296

5 2017 FC 774

6 2017 FC 777

7 2017 FC 350, discussed here:

8 2017 FC 637, discussed here:$644-million-patent-infringement-judgment-is-largest-in-canadian-history?utm_source=vuture&utm_medium=email&utm_campaign=vuture/

9 2008 SCC 61

10 2017 FCA 76

11 2017 FCA 225

12 2017 FC 826

13 2017 FC 6, discussed here:

14 2017 FCA 250, discussed here:

15 2012 SCC 60

16 2017 FCA 201, discussed here:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
23 Jan 2018, Seminar, London, UK

Join Gowling WLG's pensions team as they explain some of the biggest challenges facing trustees and employers in the coming year and provide practical ways of dealing with them.

25 Jan 2018, Seminar, Birmingham, UK

2018 is set to be another big year in employment, with employers set to face new challenges and responsibilities. At our event, looking ahead to next year, we will be discussing four key issues you might face in 2018, providing useful tips and answering your questions.

2 Feb 2018, Seminar, London, UK

2018 is set to be another big year in employment, with employers set to face new challenges and responsibilities. At our event, looking ahead to next year, we will be discussing four key issues you might face in 2018, providing useful tips and answering your questions.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions