Mondaq Canada: Intellectual Property
Aird & Berlis LLP
On the one hand, the Supreme Court's decision provides comfort for Canadian businesses whose intellectual property is being infringed by overseas competitors.
Bereskin & Parr LLP
The Federal Court yesterday ruled in Canadian Copyright Licensing Agency (Access Copyright) v York University, 2017 FC 669, that York University's "Fair Dealing Guidelines"...
Borden Ladner Gervais LLP
In this patent infringement action, the plaintiffs disputed some of the defendant's proposed read-ins.
Fasken Martineau (French)
Compte tenu de l'économie mondiale, les entreprises se rendent à l'évidence que l'innovation et la protection de leurs droits de propriété intellectuelle (PI) deviennent de plus en plus essentielles.
Fasken Martineau (French)
Vendredi dernier, les neuf juges de la Cour suprême ont statué que la prétendue doctrine de la « promesse du brevet » ne fait pas partie du droit canadien des brevets et ont défini une nouvelle...
Bennett Jones LLP
The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders.
Aitken Klee
On October 6, 2016, Justice Roy granted Camso's motion to stay the re-examination of Camso's 562 Patent until final judgment is rendered in an action in which the validity of the 562 Patent is being challenged ...
McCarthy Tétrault LLP
As a part of its obligations under CETA, Canada plans to introduce patent term restoration for up to two years when research or regulatory delays have consumed part of the 20-year term...
Gowling WLG
In its decision in The Dow Chemical Company v. Nova Chemicals Corporation, 2017 FC 637, the Federal Court of Canada has awarded the successful plaintiff (Dow Chemical) over $644,000,000...
MBM Intellectual Property Law
Today, the Supreme Court of Canada, in AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, has determined that the Promise Doctrine is not the correct method of determining whether the utility requirement...
MBM Intellectual Property Law
Today, the Supreme Court of Canada, in AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, has determined that the Promise Doctrine is not the correct method of determining whether the utility requirement...
McCarthy Tétrault LLP
Overall, the revamped NOC Regulations make amendments that were sought after by both sides of the Canadian pharmaceutical industry.
Borden Ladner Gervais LLP
In this case, AbbVie brought an application against Samsung pursuant to the NOC Regulations.
Blake, Cassels & Graydon LLP
What does "useful", one of the basic requirements for the patentability of an invention, mean in Canadian patent law?
Dennemeyer
In anticipation of amendments to the Canadian Trademarks Act, CIPO is now inviting trademarks owners to categorize their goods and services according to Nice Classification.
McInnes Cooper
On July 12, 2017, the Federal Court of Canada made it clear that there are but two ways to avoid a tariff set by the Copyright Board of Canada Board under Canada's Copyright Act:
Bereskin & Parr LLP
The Federal Court in Premium Sports Broadcasting Inc. v. 9005-5906 Québec Inc. (Resto-bar Mirabel), 2017 FC 590, recently dismissed a copyright infringement action on a summary trial motion.
Osler, Hoskin & Harcourt LLP
For many Canadian technology companies, the United States market is the most commercially important...
Gowling WLG
In Google Inc. v. Equustek Solutions Inc., 2017 SCC 34, the Supreme Court of Canada has upheld the injunctions issued by lower courts that required Google to globally de‑index a defendant's websites...
Fasken Martineau
The nine judges of the Supreme Court ruled on Friday that the so-called "promise doctrine" was not part of Canadian patent law...
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Fasken Martineau
The particularities of Québec are often complex and can vary depending on the nature of your activities and your situation, whether it involves language requirements, labour standards or...
Aird & Berlis LLP
Marijuana for medical purposes has been available to Canadians since 1999.
Borden Ladner Gervais LLP
The Supreme Court of Canada confirmed for the first time in the recent decision Google Inc. v. Equustek Solutions Inc. that Canadian courts can order the worldwide removal of search results.
Bennett Jones LLP
A patent owner cannot sue in the hopes that the necessary facts to support infringement will emerge during discovery. From the outset, a plaintiff must be able to frame its rights and how...
Norton Rose Fulbright Canada LLP
The age of the Internet poses many new challenges to those individuals seeking to protect and enforce their intellectual property rights online.
Smart & Biggar/Fetherstonhaugh
The Federal Court has issued its Further Judgment and Reasons concerning the amount of financial compensation to be paid to the Dow Chemical Company as a result of earlier patent infringement...
Cassels Brock
The Supreme Court of Canada's (the "Court" or the "SCC") recent judgment in AstraZeneca Canada Inc. v Apotex Inc., released on June 30, 2017, constitutes an important paradigm shift in Canadian patent law.
Bereskin & Parr LLP
The Federal Court of Appeal decision in Pfizer v. Canada (2016 FCA 248) upheld the Minister of Health's interpretation that the 24-month stay for patent owners provided for in the PM regulations...
Bereskin & Parr LLP
In Astra-Zeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, the Supreme Court has significantly curtailed the ability to challenge a patent monopoly on the basis of an unsubstantiated promise in...
Fasken Martineau (French)
Compte tenu de l'économie mondiale, les entreprises se rendent à l'évidence que l'innovation et la protection de leurs droits de propriété intellectuelle (PI) deviennent de plus en plus essentielles.
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