Mondaq Canada: Intellectual Property
Goldman Sloan Nash & Haber LLP
In a recent dispute concerning golf ball technology the alleged infringer has responded by bringing an action for a declaration that its actions do not infringe the intellectual property in issue.
Goldman Sloan Nash & Haber LLP
Where the line between art, which is protected by copyright, and industrial designs should be drawn is difficult to determine. A recent decision of the Supreme Court of the United States...
Goldman Sloan Nash & Haber LLP
The recent dispute involving the Charging Bull and the Fearless Girl sculptures raises interesting issues relating to the protection available to an author for infringement of moral rights.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court of Appeal has interpreted the Copyright Act, in a way that protects the rights of copyright owners on the Internet.
MBM Intellectual Property Law
Canadian courts have recently revisited the issue as to whether a confidentiality order in pharmaceutical patent litigation should be granted notwithstanding the open court principle...
MBM Intellectual Property Law
While internet connects people thousands of miles apart and accelerates knowledge distribution, it also creates a cloak under which anonymous users can illegally download and distribute copyright...
Bennett Jones LLP
Trademark protection for the shape and colour of pharmaceutical products remains elusive.
Norton Rose Fulbright Canada LLP
Une compagnie internationale et son distributeur local ont une dispute au sujet de leur entente, qui prévoit que tout litige sera soumis à l'arbitrage. À qui le distributeur peut-il signifier sa demande introductive d'instance?
MBM Intellectual Property Law
In the British Columbia Supreme Court ("BCSC") decision of Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470, the Vancouver Community College alleged...
MBM Intellectual Property Law
MediaTube Corp v Bell Canada, 2017 FC 16 appears to provide a promising Canadian judgement that clarifies the assessment of the validity and infringement of an information technology patent with respect to the telecommunications industry.
MBM Intellectual Property Law
Canada and the European Union (EU) officially signed the Comprehensive Economic and Trade Agreement (CETA) on October 30, 2016.
MBM Intellectual Property Law
The Federal Court made a sweeping statement in Justice Locke's decision released last Friday that submissions made to the CIPO during patent prosecution can re-emerge to haunt litigants and hit them where it hurts: the wallet.
MBM Intellectual Property Law
Although we may not realize it, each day every one of us interacts with patented inventions. Our phones, cars, and computers contain hundreds of patented components.
MBM Intellectual Property Law
The Intellectual Property Institute of Canada encouraged the federal government to fund a program similar to that of Quebec.
MBM Intellectual Property Law
Applying for and obtaining a Canadian patent is somewhat like learning how to play hockey - it can be a complicated process.
Bereskin & Parr LLP
The cautionary lesson emerging from a rash of Trademark Opposition Board decisions over the past several years is that owners of registrations for services...
Bennett Jones LLP
Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime.
Torkin Manes LLP
On March 1, the Federal Court of Canada awarded Nintendo of America Inc. $12,760,000 in damages for copyright infringement and the circumvention of technological protection measures, or TPMs.
Field LLP
If photos are available on the internet, then… they're free for the taking, right?
Gowling WLG
Gowling WLG's intellectual property experts explain the Unified Patent Court and Unitary Patent, as part of their series of articles titled 'The basics of patent law'.
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Blake, Cassels & Graydon LLP
The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada.
Borden Ladner Gervais LLP
This paper summarizes selected developments in Canadian Internet law during 2016.
Cassels Brock
The disclosure of confidential information during the negotiation and due diligence phases of an M&A transaction can expose the disclosing party to various risks.
Cassels Brock
Licensed producers and others looking to enter Canada's medical or recreational cannabis industry should be thinking about how they will distinguish their business, products and services...
Norton Rose Fulbright Canada LLP
The Federal Court established the parameters to calculate Teva Canada Limited's damages for being delayed from entering the olanzapine market, clarified evidentiary issues on fact witnesses and hearsay, and rejected Teva's argument that its damages should include a pipefill adjustment.
Norton Rose Fulbright Canada LLP
The overhaul to Canada's pharmaceutical patent regime is nearly here. On May 11, 2017, the Canadian Senate passed Bill C-30 (the act intended to implement CETA into Canadian law) without amendment, the final major stage of the legislative process.
Bereskin & Parr LLP
Interlocutory injunctions can be an important litigation tool to remedy situations where quick relief is necessary to prevent damages from infringing activity.
Norton Rose Fulbright Canada LLP
With Canada moving closer towards implementing the Comprehensive Economic and Trade Agreement (CETA), major reforms to Canada's Patent Act are coming soon, including the availability of Certificates of Supplementary Protection (CSPs): ..
Bereskin & Parr LLP
Intellectual property strategy is fundamental to the successful development and commercialization of a personalized therapeutic and its companion diagnostic.
Norton Rose Fulbright Canada LLP
The Federal Court of Appeal has provided guidance on the meaning of "inventive concept."
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