Mondaq Canada: Intellectual Property
McMillan LLP
The Obviousness Test, as set out in the Plavix decision, has been applied numerous times in subsequent patent proceedings.
Smart & Biggar/Fetherstonhaugh
As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada's new trademark law begins in earnest.
Goldman Sloan Nash & Haber LLP
brand owner should understand how the trademark registration system works since, in the vast majority of cases, the brand name can be protected under the Act as a trademark.
Bereskin & Parr LLP
In order to receive valid patent protection, an invention must be novel and inventive.
Bennett Jones LLP
The seismic industry is of considerable significance to Canada's oil and gas business. In Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230 the Alberta Court of Queen's Bench ...
Bereskin & Parr LLP
The Supreme Court of Canada granted leave to appeal the Federal Court of Appeal decision in the Voltage case November 23, 2017.
Bereskin & Parr LLP
The Canadian Government has committed to legalize and regulate the sale of cannabis products by July 1, 2018.
Bereskin & Parr LLP
Comme nous en avons déjà discuté le 3 août 2017, l'Office de la propriété intellectuelle du Canada (OPIC) a récemment publié de nouvelles propositions de modifications aux Règles sur les brevets...
Bereskin & Parr LLP
Vennego, the owner of a family of registered trademarks ending in "PERKS" brought an action for trademark infringement against Concierge Connections Inc. and its directors for using the registered trademark...
Bereskin & Parr LLP
Le projet des Règles sur les brevets aborde un certain nombre d'aspects techniques relatifs à la pratique de demande divisionnaire.
Bereskin & Parr LLP
L'été dernier, la Cour suprême du Canada a confirmé une injonction intimant à Google de délister l'ensemble des sites Web d'un distributeur au niveau mondial et non seulement au Canada.
McMillan LLP
Food and agricultural products branding teams need to get up to speed with Canada's expansion of geographical indicators, as just over two months ago our Trade-marks Act was amended to further comply with ...
Gowling WLG
Following the Supreme Court's decision in Actavis v Lilly, is there a gap between the interpretation of a patent claim for validity purposes and its reach for infringement purposes?
Goldman Sloan Nash & Haber LLP
A recent decision of the U.K Court of Appeal illustrates the difficulties in enforcing trademarks consisting of the shape of goods.
Goldman Sloan Nash & Haber LLP
In the September 2016 newsletter we referred to a decision of the Federal Court that reached a surprising result concerning a claim for infringement of a registered trademark.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court clarifies when the distribution of samples of products is use of the trademark.
Osler, Hoskin & Harcourt LLP
The focus on the claims will allow parties and the courts to avoid unnecessary satellite debates.
McCarthy Tétrault LLP
One of the essential and recurring challenges of regulating unlawful conduct on the Internet—be it child pornography, harassment, fraud, data theft, content piracy, or otherwise—is identifying who is responsible.
Bereskin & Parr LLP
Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada
McCarthy Tétrault LLP
At trial, the Federal Court held that the patent at issue was obvious.
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Bennett Jones LLP
Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property.
McMillan LLP
As previously reported in our bulletin, Bill C-45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...
McMillan LLP
Legal access to marijuana in Canada is not new, per se. Marijuana has been available to those who require it for medical purposes since 1999, first through an exemption under the Controlled...
Torys LLP
On November 9, the Federal Court issued its ruling on the judicial review of a decision by the Patented Medicine Prices Review Board (PMPRB) regarding the drug product Differin ...
Norton Rose Fulbright Canada LLP
Trademark owners are increasingly using an abbreviated process – the application – to enforce their rights. Applications avoid the costs and delay of discovery and the complexities of trial.
McInnes Cooper
Corporations are the leading business vehicle in modern commerce.
McInnes Cooper
On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated's (GSI) application for leave to appeal the decision of the Alberta Court of Appeal in Geophysical Service Incorporated...
Bereskin & Parr LLP
Canada provides both a statutory and common law exemption to patent infringement.
WeirFoulds LLP
Canadian cannabis producers are in a race to increase their size and gain capital ahead of Canada's planned recreational cannabis legalization in July 2018.
Goldman Sloan Nash & Haber LLP
brand owner should understand how the trademark registration system works since, in the vast majority of cases, the brand name can be protected under the Act as a trademark.
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