Mondaq Canada: Intellectual Property
Borden Ladner Gervais LLP
Le 27 avril 2015, la Cour d'appel du Québec a affirmé, dans une décision unanime, que les entreprises pouvaient continuer d'afficher une marque déposée qui n'est pas française sur la façade de leur commerce sans contrevenir aux lois régissant la langue des affaires dans la province de Québec
Borden Ladner Gervais LLP
On April 27, 2015, the Québec Court of Appeal, in an unanimous decision, confirmed that businesses can continue to use their non-French registered trademarks on storefront signs without running afoul of the rules governing the language of business in the province of Québec.
Bereskin & Parr LLP
ArcelorMittal's US patent 6,296,805 had been judicially interpreted by the US Court of Appeal for the Federal Circuit. The patentee thereafter sought, and obtained, a re-issue, RE 44,153.
Borden Ladner Gervais LLP
Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice ofCompliance) Regulations (the NOC Regulations).
Field LLP
A recent decision of the US Federal Court (see: Apple, Inc. v. Samsung Electronics Co., Ltd. May 18, 2015) reviewed the jury decision in Apple's famous infringement lawsuit against Samsung.
McCarthy Tétrault LLP
The appeal was heard on April 27, 2015 and immediately dismissed from the bench. A written decision will follow.
Miller Thomson LLP
The amendments will increase uncertainty, and will result in costly investigations associated with trademark clearance searches as well as risk analysis relating to opposition proceedings and infringement actions.
Dale & Lessmann LLP
Smart phones are everywhere, on the streets, in restaurants, in backyards, at airports, in offices, and in homes.
Smart & Biggar/Fetherstonhaugh
Markush groups define claimed subject matter in a form such as "the group consisting of A, B and C", whereas alternatives may be recited in a form such as "A, B or C".
Thompson Cooper LLP and Barrigar Intellectual Property Law
Significant changes are coming to Canada's trademark system.
Bereskin & Parr LLP
Recent Canadian court cases have provided insight into the scope of statutory "safe harbour" exemptions from patent infringement.
Bull, Housser & Tupper LLP
In a decision released May 13, 2015, Smart & Biggar c Constellation Brands Québec, Inc., 2015 COMC 82, the trade-mark opposition board has provided further clarity on the trade-mark relationship...
Bereskin & Parr LLP
The NOC Regulations operate by allowing a patent owner to request an order prohibiting the government from issuing an NOC to the generic company.
Gowling Lafleur Henderson LLP
Recent case law in Canada had precluded enforcement of an industrial design where features common between the design and the accused article included functional purposes.
Smart & Biggar/Fetherstonhaugh
A May 1, 2015 decision of the Canadian Federal Court of Appeal, Rothmans Benson & Hedges Inc v Imperial Tobacco Products Limited, 2015 FCA 111, has affirmed the principle that, in Canada, a single colour applied to the surface of an object, including product packaging, is capable of being registered as a trademark.
Bereskin & Parr LLP
In June 2014, Bill C-31, the Economic Action Plan 2014 Act, No. 1, received Royal Assent.
Norton Rose Fulbright Canada LLP
Je vous présente aujourd'hui un second billet signé Geneviève Hallé-Désilets, stagiaire au bureau de Québec, dans lequel Geneviève s'intéresse tout particulièrement aux brevets dans le secteur de la mode.
Norton Rose Fulbright Canada LLP
Lilly brought a prohibition application under s. 6 of the Regulations against Apotex in respect of Canadian Patent No. 2,209,735 relating to the use of STRATTERA® in the treatment of Attention Deficit Hyperactivity Disorder.
Gowling Lafleur Henderson LLP
The Federal Court of Appeal (FCA) in Cobalt v. Bayer has explicitly called into question two central principles of Canadian patent law: the standard of review for claim construction and the patentability of methods of medical treatment.
Field LLP
Although you might not think so, given the proliferation of litigation, courts are actually very particular about who can bring a lawsuit.
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Pallett Valo LLP
Often, the disclosure of confidential information or trade secrets is required to perform or achieve an overall business goal or purpose.
Blaney McMurtry LLP
The Copyright Modernization Act, which amended Canada’s Copyright Act, received Royal Assent on June 29, 2012.
Bereskin & Parr LLP
The Competition Bureau published a white paper in Fall 2014 discussing how it intends to consider patent litigation settlements in the future.
McCarthy Tétrault LLP
As we are now in the second quarter of 2015, retailers are anticipating how changes over the remainder of the year could affect them.
Borden Ladner Gervais LLP
As part of the New Generic Top-Level Domain (gTLD) program, the Internet Corporation of Names and Numbers (ICANN) has now delegated nearly 550 new gTLDs.
Bereskin & Parr LLP
In June 2014, Bill C-31, the Economic Action Plan 2014 Act, No. 1, received Royal Assent.
Gowling Lafleur Henderson LLP
For the first time in more than 15 years the Federal Court of Appeal has upheld an interlocutory injunction in a trademark infringement case, significantly modifying the stringent test for irreparable harm.
Bereskin & Parr LLP
On April 21st, 2015, the Supreme Court of Canada dismissed from the bench an appeal from the Federal Court of Appeal decision in Apotex Inc. v. Sanofi-Aventis, 2014 FCA 68.
Borden Ladner Gervais LLP
At its simplest, 3D printing is the production of objects utilizing a printer that brings an object into existence by laying down successive layers of materials (typically plastic or metal).
Global Advertising Lawyers Alliance (GALA)
Copyright owners can now direct a notice to alleged infringers via the ISP or host of a website containing the allegedly infringing material.
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