Mondaq Canada: Intellectual Property
Norton Rose Fulbright Canada LLP
Après un long hiver, l'hivernation se termine – ainsi que ma charge de cours qui a pris un gros morceau de mes temps libres (…) et de rédaction pour les Actifs Créatifs.
Smart & Biggar/Fetherstonhaugh
As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or "pre-loaded", with various applications that provide their users with unauthorized access to copyrighted television content.
Aitken Klee
In Airbus Helicopters v Bell Helicopter Textron, Justice Martineau of the Federal Court ordered Bell to pay $1.5 million in damages to Airbus for its infringement of Canadian Patent No. 2,207,787.
Gowling WLG
The power of well-known slogans has been recognized once again in the Federal Court of Canada.
Borden Ladner Gervais LLP
In this case, Abbott and Takeda brought a summary judgment motion as against Apotex, to dismiss the s. 8 proceeding in its entirety.
Bereskin & Parr LLP
Pour rester dans l'esprit de la saison de remise de prix, voici notre sélection dans le domaine des marques de commerce au Canada pour 2016.
Bennett Jones LLP
It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages.
Bereskin & Parr LLP
The U.S. doctrine of willful infringement strikes fear in the hearts of accused infringers.
Bereskin & Parr LLP
Many departing employees take company materials with them, such as business information, technical documents, experimental protocols or computer code.
Aitken Klee
In Nova Chemicals v. The Dow Chemical Company et al., the Federal Court of Appeal dismissed Nova's appeal of the order requiring it to pay $6.5 million in costs to Dow.
Bereskin & Parr LLP
Clearing rights to use a photograph can be nuanced. A recent decision out of Quebec highlights the importance of clearing rights both of photographers as well as of people appearing in photos.
McCarthy Tétrault LLP
Five years ago, Canada enacted legal protection for technological protection measures (TPMs) as part of the Copyright Modernization Act.
McCarthy Tétrault LLP
When a court can award costs on a lump sum basis, granular analyses are avoided and the costs hearing does not become an exercise in accounting.
Bereskin & Parr LLP
$314,000 in damages, $66,000 in costs at first instance, plus solicitor-client costs on the appeal (which was found to be "without merit"). In Lam v. Chanel S. de R.L., 2017 FCA 38, the Federal Court of Appeal confirmed these awards for four instances of selling counterfeit CHANEL goods at a Toronto-area mall between 2011 and 2013
Borden Ladner Gervais LLP
The Court reviewed the history of punitive damages generally, and in intellectual property cases specifically, in determining the award of $1,000,000 in punitive damages.
Field LLP
Inventors must take care that their invention is "new" for it to be patentable. That means the invention hasn't been disclosed to the public.
Bereskin & Parr LLP
In the spirit of the awards season, here are our picks for 2016 Canadian trademark developments of the year.
Borden Ladner Gervais LLP
Apotex sought judicial review of a decision of the Minister of Health that had the effect of rejecting its Abbreviated New Drug Submission (ANDS) for progesterone capsules.
Bereskin & Parr LLP
Therapeutic antibodies have grown to become an important product class within the biopharmaceutical market.
Gowling WLG
Recent US case law has raised the possibility that the common practice of including an expiry date in a non-disclosure agreement or "NDA" (also known as a confidentiality agreement)...
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Gowling WLG
In a recent decision, the Small Claims Division of the Court of Québec has found a newspaper liable for infringement of copyright and moral rights...
Gowling WLG
The Director General of the Trademarks Branch of the Canadian Intellectual Property Office has advised that the sweeping and ambitious reforms to Canada's Trade-marks Act...
Bereskin & Parr LLP
Below are our selections of the most interesting developments in Canadian copyright law in 2016 … from documentaries, toys, building plans, surveys, and software, to treaties...
McCarthy Tétrault LLP
The coming year will see our highest court decide a host of appeals of interest to Canadian businesses and professions.
Field LLP
Inventors must take care that their invention is "new" for it to be patentable. That means the invention hasn't been disclosed to the public.
Bereskin & Parr LLP
While a lot of attention has been placed over the last couple of years on major amendments to the Trade-marks Act, now scheduled to be implemented in early 2019...
Norton Rose Fulbright Canada LLP
In its February 2017 newsletter, the PMPRB announced its intention to move patented generic drug price reviews to a complaint-based process, similar to the provisions for over-the-counter drug products...
Aitken Klee
On February 9, 2017, the Federal Court granted a motion brought by Sleep Country Canada Inc. for an interlocutory injunction preventing Sears Canada Inc. from using the slogan "THERE IS NO REASON TO BUY A MATRESS ANYWHERE ELSE".
Bereskin & Parr LLP
The Canadian Intellectual Property Office has confirmed that it now plans to implement the amendments to the Trademarks Act in early 2019.
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