Mondaq Canada: Intellectual Property
McCarthy Tétrault LLP
In 1979, Dr. Robert Butler and his research team filed a Canadian patent application for the oil recovery technology known as Steam Assisted Gravity Drainage.
Smart & Biggar/Fetherstonhaugh
Paragraph 9(1)(k) of Canada’s Trademarks Act prohibits a person from adopting a trademark consisting of, or so nearly resembling as to be likely to be mistaken for, "any matter that may falsely suggest a connection with any living individual".
Field LLP
You can’t get a trade-mark registration for a word that will deceive consumers.
Borden Ladner Gervais LLP
In this case, Apotex sought to enter the market with its generic version of travoprost. The Court dismissed the proceeding on the basis that Apotex’ allegations as to anticipation and obviousness were held to be justified.
Bereskin & Parr LLP
Les principales modifications apportées à la Loi sur les marques de commerce qui ont été adoptées mais ne sont pas encore en vigueur, offrent autant d’opportunités que des risques pour les entreprises canadiennes
McCarthy Tétrault LLP
A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation
Borden Ladner Gervais LLP
With Quantum of Damages Settled, Parties Unable to Agree on Quantum of Costs or Calculation of Pre- and Post-Judgment Interest in Section 8 Case
Smart & Biggar/Fetherstonhaugh
Recently, in Limelight Networks Inc v Akamai Technologies Inc et al ("Akamai"), 134 S Ct 2111 (2014), the U.S. Supreme Court ruled that one cannot be liable for inducing infringement of a U.S. patent when no one has directly infringed that U.S. patent.
Pitblado Law
Bill C-31 has been proclaimed into force, and the way that businesses create and protect their trade-marks in Canada will be changed significantly.
Deeth Williams Wall LLP
Alice Corporation v CLS Bank International was closely watched as the courts struggled with the issue of what is patentable subject matter.
Torys LLP
On June 19, 2014, Bill C-31, which amends the Trade-marks Act among other things, received royal assent.
Borden Ladner Gervais LLP
Posada used a computer program developed by a third-party to build an interface so that the software could be used on microcomputers. This was called "Ceres".
Smart & Biggar/Fetherstonhaugh
The Government of Canada has announced that the text of CETA — the Comprehensive Economic and Trade Agreement between Canada and Europe — was finalized after many months of silence on the historic trade deal.
Dickinson Wright PLLC
Using an unregistered mark confers only limited rights and protections on the user/owner. Registration provides enhanced rights and advantages.
Bereskin & Parr LLP
Major amendments to the Trademarks Act, passed but not yet in force, bring both opportunities and risks to Canadian businesses.
McCarthy Tétrault LLP
Third Party’s Right to Use Official Mark in a Domain Name Upheld: BC Court of Appeal Rejects ICBC’s Claim of Trade-mark Infringement
Norton Rose Fulbright Canada LLP
Soundcloud is a popular website/app amongst internet music lovers and artists worldwide, providing a platform for the uploading of music.
Dentons (Canada)
The Canadian government recently introduced a Bill which contained the most significant changes to Canada's trademark laws in modern history.
McCarthy Tétrault LLP
Justice Roger T. Hughes granted AbbVie the first-ever limited injunction against a branded pharmaceutical company infringing a branded competitor’s patent.
Gowling Lafleur Henderson LLP
3D printing is a generic term for a number of different techniques that use "additive manufacturing" technology to create three-dimensional objects.
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Borden Ladner Gervais LLP
Free use of patented technology? Caveat emptor. In a June 12, 2014 blog post titled, "All Our Patent Are Belong To You", Elon Musk, co-founder and CEO of Tesla Motors Inc., pledged that the company will not "initiate patent lawsuits against anyone who, in good faith, wants to use our technology", ..
Dentons (Canada)
The Canadian government recently introduced a Bill which contained the most significant changes to Canada's trademark laws in modern history.
Norton Rose Fulbright Canada LLP
Soundcloud is a popular website/app amongst internet music lovers and artists worldwide, providing a platform for the uploading of music.
McCarthy Tétrault LLP
The Copyright Board certified two SOCAN tariffs, Tariffs 22.D.1 (Internet – Online Audiovisual Services) and 22.D.2 (Internet – User-Generated Content).
Pitblado Law
Bill C-31 has been proclaimed into force, and the way that businesses create and protect their trade-marks in Canada will be changed significantly.
Borden Ladner Gervais LLP
Software license agreements often include a provision that requires the software vendor to provide the customer with limited protection and special remedies if a third party claims that the customer's use of licensed software infringes third party intellectual property rights.
Smart & Biggar/Fetherstonhaugh
As noted in our previous IP Updates of February 15, 2013 and January 22, 2014, Canadian Federal Court’s decision in Reitmans (Canada) Ltd v Thymes Ltd, 2013 FC 127, raised, in the context of a trademark opposition ..
McCarthy Tétrault LLP
Justice Roger T. Hughes granted AbbVie the first-ever limited injunction against a branded pharmaceutical company infringing a branded competitor’s patent.
Gowling Lafleur Henderson LLP
3D printing is a generic term for a number of different techniques that use "additive manufacturing" technology to create three-dimensional objects.
Bereskin & Parr LLP
Typically, the threshold of utility is easily met for inventions that have commercial applicability, such as a drug candidate.
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