Mondaq Canada: Intellectual Property
Gowling WLG
The Director General of the Trademarks Branch of the Canadian Intellectual Property Office has advised that the sweeping and ambitious reforms to Canada's Trade-marks Act...
Torys LLP
recent decision by the Court of Appeal for British Columbia, in a reversal of a 2015 British Columbia Supreme Court ruling (as we previously reported here)...
Bereskin & Parr LLP
The Canadian Federal Court rarely grants interlocutory injunctions in trademark cases, but for the second time in two years, an interlocutory injunction has been granted, this time in Sleep Country...
Smart & Biggar/Fetherstonhaugh
As we previously reported, Canada will be significantly changing its trademark law.
Gowling WLG
The Court of Appeal for British Columbia has issued an injunction restraining a party from using its competitor's trademarks in its keyword advertising.
McCarthy Tétrault LLP
On February 8, 2017, the Quebec Court of Appeal certified a class action by Copibec against Université Laval, for copyright infringement.
Norton Rose Fulbright Canada LLP
The FCA remitted the matter back to the Federal Court for redetermination, excluding the hearsay evidence.
Borden Ladner Gervais LLP
Apotex sought judicial review of a decision of the Minister of Health that had the effect of rejecting its Abbreviated New Drug Submission (ANDS) for progesterone capsules.
Aitken Klee
Justice Manson's recent decision in Frac Shack Inc. v. AFD Petroleum Ltd., provides a framework for obviousness when dealing with a combination invention made from previously-known parts, and what constitutes a non-infringing alternative for the purpose of quantifying the defendant's profits.
Aitken Klee
On January 9, 2016, the Quebec Superior Court dismissed Irving Consumer Product's demand for a provisional injunction seeking to enjoin Cascades from relaunching its toilet paper brand using FLUFF.
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.
Smart & Biggar/Fetherstonhaugh
On February 15, 2017, the European Parliament voted to approve the Canada-EU Comprehensive Economic and Trade Agreement (CETA).
Smart & Biggar/Fetherstonhaugh
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.
Bereskin & Parr LLP
The Canadian Intellectual Property Office has confirmed that it now plans to implement the amendments to the Trademarks Act in early 2019.
Norton Rose Fulbright Canada LLP
In its February 2017 newsletter, the PMPRB announced its intention to move patented generic drug price reviews to a complaint-based process, similar to the provisions for over-the-counter drug products...
Aitken Klee
On February 9, 2017, the Federal Court granted a motion brought by Sleep Country Canada Inc. for an interlocutory injunction preventing Sears Canada Inc. from using the slogan "THERE IS NO REASON TO BUY A MATRESS ANYWHERE ELSE".
Norton Rose Fulbright Canada LLP
The Federal Court awarded accounting of profits and pre-grant compensation for valid and infringed claims of a patent for hot refuelling of fracking equipment, but declined to award punitive damages.
Borden Ladner Gervais LLP
In this case, the Federal Court dismissed an application for an order of prohibition.
Field LLP
Where the website is clearly identified without the use of any of the competitor's trademarks, then there will be no confusion.
Dale & Lessmann LLP
A recent court decision from British Columbia may have a significant impact on brand owners' digital marketing activities.
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Norton Rose Fulbright Canada LLP
The BC Court of Appeal has unanimously reversed what was the leading Canadian trial judgment to address Internet keyword advertising, clarifying the law of trademarks on the Internet.
Marks & Clerk
Colour can be useful in marketing a product. The United States Patent and Trademark Office (USPTO) and the European Union Intellectual Property Office (EUIPO) provide protection for colour in a design.
Gowling WLG
The Canadian Intellectual Property Office (CIPO) released six new practice changes in relation to industrial designs on January 16, 2017.
McInnes Cooper
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business typically discloses will end up in a competitor's hands.
Osler, Hoskin & Harcourt LLP
In what may be the biggest update to Canadian industrial design practice in years, long-awaited changes have finally arrived in Canada.
Clark Wilson LLP
On February 1, 2017, the Franchises Act and Regulations (collectively, the "Act") will become effective in British Columbia.
Bereskin & Parr LLP
On January 16, 2017, the Canadian Intellectual Property Office (CIPO) announced changes to practice under Canada's Industrial Design Act.
Bereskin & Parr LLP
The decision of the Federal Court of Appeal in Canada in MC Imports Inc. v. Afod Ltd., 2016 FCA 60, provides some much needed guidance for both trademark practitioners and trademark owners ...
Bereskin & Parr LLP
In 2016 we discussed a number of interesting patent cases.
Gowling WLG
This article highlights noteworthy Canadian copyright law decisions and developments from 2016. For more updates on the latest intellectual property trends and insights...
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