Mondaq Canada: Intellectual Property
McMillan LLP
McMillan LLP's Intellectual Property group welcomes readers into 2018. Our gift is a "top 10 list" of trademark cases from Canadian case law from 2017.
Aitken Klee
In 907687 Ontario Inc. (c.o.b. International Institute of Travel) v. Shokour, 2017 FC 969, the Federal Court found that the plaintiff did not meet its burden of establishing copyright infringement ...
Smart & Biggar/Fetherstonhaugh
While the Court of Appeal held that the Federal Court erred in its identification of the inventive concept, it upheld the finding that the patent was obvious.
McMillan LLP
The patentability of computer-implemented inventions, particularly with regard to patentable subject matter, continues to be a topic of interest in Canada among industry players and patent practitioners.
Aitken Klee
On November 15, 2017, the Federal Court of Appeal issued its Reasons for Judgment in an appeal from an order that (1) granted the respondent's motion for security for costs ...
Borden Ladner Gervais LLP
The Canadian Intellectual Property Office announced a three-year extension to its pilot Patent Prosecution Highway.
Smart & Biggar/Fetherstonhaugh
2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments
Smart & Biggar/Fetherstonhaugh
Apotex's initial patent hold was revoked and later re-instated, but only after the PMNOC proceedings had been resolved.
Smart & Biggar/Fetherstonhaugh
A draft of the new Guidelines is expected in the spring of 2018.
Smart & Biggar/Fetherstonhaugh
Following pre-publication on July 15, and flowing from its commitments under CETA, the Certificates of Supplementary Protection Regulations and the Regulations Amending the Patented Medicines...
Smart & Biggar/Fetherstonhaugh
On June 30, the Supreme Court of Canada (SCC) delivered its highly anticipated decision, AstraZeneca v Apotex, 2017 SCC 36 relating to esomeprazole (NEXIUM).
Smart & Biggar/Fetherstonhaugh
Seedling Life Science Ventures ("Seedlings") is the plaintiff in a patent infringement action against Pfizer relating to Patent No. 2,486,935 and auto injectors.
Smart & Biggar/Fetherstonhaugh
On November 22, 2017 the Federal Court issued a judgment granting Apotex's motion under s. 6(5)(b) of the PMNOC Regulations: Bristol-Myers Squibb et al v Apotex Inc et al, 2017 FC 1061.
Smart & Biggar/Fetherstonhaugh
On October 26, 2017, the Federal Minister of Health tabled the 2016 Annual Report of the PMPRB with the Clerks of the House of Commons and the Senate.
Goldman Sloan Nash & Haber LLP
A brand owner should understand what common law rights are and how they can interact with registered trademarks.
Gowling WLG
2017 was a busy year in Canadian patent law. The contentious Promise Doctrine was rejected by the Supreme Court of Canada in AstraZeneca v Apotex, the largest monetary judgment ...
Smart & Biggar/Fetherstonhaugh
As a result, the Court quashed the Board's decision requiring Galderma to file pricing information for DIFFERIN.
Smart & Biggar/Fetherstonhaugh
As previously reported, on December 2, 2017, Canada's Governor-in-Council published proposed Regulations Amending the Patented Medicines Regulations for comment.
Bereskin & Parr LLP
Carmela De Luca coauthors article in Molecular Diagnosis & Therapy published by Springer Nature, "Gene Patents in Canada: Is There a New Legal Landscape?"
Smart & Biggar/Fetherstonhaugh
The September 21, 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations (see our article here) introduced a new scheme for pharmaceutical patent linkage litigation in Canada.
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Field LLP
In the final presentation, Tom O'Reilly offered his insights into the ongoing case of Access Copyright v. York University.
Gowling WLG
In Canada, there is no clear precedent to hold a landlord liable as a non-participating intermediary for the sale of counterfeits by its tenants.
Goldman Sloan Nash & Haber LLP
A brand owner should understand what common law rights are and how they can interact with registered trademarks.
Gowling WLG
The Canadian government recently published its proposed Regulations Amending the Patented Medicines Regulations (the "Regulations") for coming into force January 1, 2019.
Field LLP
Gregory Juliano (Associate Vice-President (Human Resources), University of Manitoba) discussed the University of Manitoba Faculty Association strike in 2016.
Bereskin & Parr LLP
Copyright infringement can be found even without the exact reproduction of the protected work.
Field LLP
After decades of bargaining outside of the Labour Relations Code ("Code") regime, Alberta post-secondary institutions must now collective bargain in accordance within the requirements of the Code.
Torys LLP
The Federal Court of Appeal's decision in Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241 has significant implications for patentees ...
Field LLP
Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below.
Gowling WLG
2017 was a busy year in Canadian patent law. The contentious Promise Doctrine was rejected by the Supreme Court of Canada in AstraZeneca v Apotex, the largest monetary judgment ...
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