Mondaq Canada: Intellectual Property
Bereskin & Parr LLP
Having created the IP5 and TM5, five of the largest IP offices met recently to form an ID5. The United States Patent and Trademarks Office (USPTO) hosted an inaugural Industrial Design 5 Forum on December 7th, 2015...
Dickinson Wright PLLC
In Canada, "copyright" refers to the bundle of rights conferred by the Copyright Act (the Act) on the copyright owner and author of a work.
Bereskin & Parr LLP
Dan Bereskin and Cynthia Rowden write for The Trademark Lawyer Magazine, deliberating on the upcoming changes to trademark acts in Canada, and give their opinions on whether or not these changes will be helpful for businesses.
Borden Ladner Gervais LLP
One of the Plaintiffs alleged that he provided confidential information during the course of preliminary discussions with counsel at Smart & Bigger.
Norton Rose Fulbright Canada LLP
On January 5, 2016 Sandoz and Ratiopharm filed for leave to appeal with the Supreme Court of Canada in connection the Federal Court of Appeal decisions that held generic manufacturers that sell patented medicines in Canada can be "patentees" under the price reporting requirements under the Patent Act (the "Act") and be subject to the jurisdiction of the Patented Medicine Prices Review Board ("PMPRB" or "Board").
Gowling Lafleur Henderson LLP
Over the course of the next three years, PMPRB is seeking to change to its operations with the aim of becoming a more effective and stronger consumer protection agency.
Bereskin & Parr LLP
Philip Mendes da Costa is a co-author of a recent briefing paper released by the International Federation of Intellectual Property Attorneys (FICPI).
Norton Rose Fulbright Canada LLP
Justice O'Keefe of the Federal Court awarded the plaintiffs of a successful patent infringement proceeding, Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC (Dow), a lump sum payment of $2.9 million for legal fees and $3.6 million for reasonable and necessary disbursements.
Norton Rose Fulbright Canada LLP
The Federal Court of Appeal has suggested that the palpable and overriding error standard of review (as set out by the Supreme Court in Housen v. Nikolaisen, 2002 SCC 33) should apply to all civil appeals, including those from orders of prothonotaries.
Dentons (Canada)
On April 9, 2014, the Honorable Michel Yergeau of the Superior Court of Québec rendered a much-awaited judgment on the controversial issue of trademark displays in a language other than French.
Goldman Sloan Nash & Haber LLP
The Trade-marks Act allows for the licencing of trademarks so long as the owner has, under the licence, direct or indirect control of the character or quality of the goods or services.
Minden Gross LLP
Perhaps more so than ever, intellectual property has become one of the more valuable assets of many companies.
Field LLP
Copyright attempts to balance the rights of authors with the rights of users. It's this tension - copyrights vs. user rights - that makes copyright so fascinating (…to some people).
Clark Wilson LLP
When choosing a trade or business name it may seem like a good idea to incorporate the location of your business into the name.
Stewart McKelvey
The Super Bowl is a lot of things to a lot of people and is arguably the most anticipated event of the year that is not a holiday (officially).
Bereskin & Parr LLP
A long time ago, in a galaxy far, far away, the cheery and helpful Canadian Patent Office used to make clerical corrections as a matter of course and reasonableness.
Gowling Lafleur Henderson LLP
This article summarizes some of the more noteworthy Canadian trademark law decisions and developments from 2015.
Smart & Biggar/Fetherstonhaugh
Can you register an offensive trademark in Canada? A recent U.S. decision concerning "disparaging" trademarks has led some Canadian practitioners to question if the result would be similar in Canada.
Bereskin & Parr LLP
On January 24, 2016, the Supreme Court of Canada dismissed Apotex's application for leave to appeal from the Ontario Court of Appeal in Apotex Inc v Eli Lilly and Company, 2015 ONCA 305...
Borden Ladner Gervais LLP
Rogers, Telus, Bell and Quebecor Media (the Corporations) started an action seeking to recover certain monies paid pursuant to Tariff 24 in relation to ringtones.
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Field LLP
Imprisonment in intellectual property infringement cases is rare - although not unheard of. The message from a recent Canadian Federal Court decision is… don't mess with the Court.
Field LLP
New York artist Maya Hayuk was approached by an advertising agency working for Starbucks, to see if she would assist them with a proposed advertising campaign.
Borden Ladner Gervais LLP
Rogers, Telus, Bell and Quebecor Media (the Corporations) started an action seeking to recover certain monies paid pursuant to Tariff 24 in relation to ringtones.
Bereskin & Parr LLP
These are our selections for the most influential Canadian patent cases of 2015, outside of life sciences...
Bereskin & Parr LLP
It is now, it would seem, a violation of Canadian trademark law for businesses to send holiday cards with the message "Season's Greetings".
Norton Rose Fulbright Canada LLP
The Court accepted that where Parliament has comprehensively legislated in a particular area, as it has in respect to patents, it was reasonable to infer that it did not intend recovery to extend beyond those embodied in the regime.
Smart & Biggar/Fetherstonhaugh
Recently, Justice O'Keefe of t­­he Federal Court issued his public Reasons for Judgment concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company ("Dow") and NOVA Chemicals Corporation ("Nova"), 2016 FC 91.
Bereskin & Parr LLP
Last year we saw the Canadian Courts release trademark decisions that granted a rare interlocutory injunction, issued jailed sentences for failure to comply with injunctive relief, grappled with trademark and internet issues...
Goodmans LLP
There is a common misconception by some in the artistic community that graffiti is not protected by copyright and so may be freely reproduced as a matter of public right in our modern "sharing economy."
Bereskin & Parr LLP
On January 24, 2016, the Supreme Court of Canada dismissed Apotex's application for leave to appeal from the Ontario Court of Appeal in Apotex Inc v Eli Lilly and Company, 2015 ONCA 305...
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