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Searching Content indexed under Patent by Bennett Jones LLP ordered by Published Date Descending.
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1
It's Finally Happening—Major New Trademark Law Takes Effect In Canada On June 17, 2019
After five years of uncertainty and speculation, a date has been set for Canada's drastic new trademark laws to come into force.
Canada
23 Jan 2019
2
Introducing The U.S.-Mexico-Canada Agreement (USMCA)
After 13 months of negotiations, the United States, Mexico and Canada have concluded the United States-Mexico-Canada Agreement (USMCA).
Canada
8 Oct 2018
3
Open Court Principle Means No Secret Proceedings If They Would Directly Affect A Competitor's Rights
Courts in Canada are presumed to be open and accessible to the public.
Canada
9 Nov 2017
4
Funding Arrangements In Private Litigation Are Private Matters - Not To Be Scrutinized By The Federal Court Or The Defendant
The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case.
Canada
7 Nov 2017
5
Pharma And Biologic Disputes In Canada – New Regulations Take Effect September 21, 2017
Pharma and biologics manufacturers will soon have big decisions to make regarding their pharmaceutical and biological product strategy in Canada.
Canada
21 Sep 2017
6
Pharma And Biologics Disputes In Canada—Big Changes For Big And Small Molecule Litigation
The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines...
Canada
7 Aug 2017
7
Procure and Enforce- Canadas Highest Court Hands IP Owners Two Wins In Three Days
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.
Canada
21 Jul 2017
8
Federal Court Strikes Patent Infringement Action Where Plaintiff Could Not Articulate How Its Rights Were Infringed
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...
Canada
30 Jun 2017
9
Us Supreme Court Ruling On Exhaustion Of Patent Rights Is Welcome News For Canadian Exporters Of Refurbished Goods
In the United States, once a patentee has sold its product—whether domestically or internationally—its patent rights in that product are exhausted; the patentee can no longer use patent law...
Canada
15 Jun 2017
10
Tips To Set Your Business Up For Successful IP Litigation
It is therefore important for a business to be prepared to advance claims against infringers instantly.
Canada
13 Jun 2017
11
Higher Costs Awards For The Winning Party In Federal Court IP Cases
In Canada, the losing party pays the winner's litigation costs. For years, costs awards were assessed in accordance with a tariff and were generally inadequate.
Canada
19 May 2017
12
IP Trials With Less Tribulation: New Federal Court Guidelines Promote Cooperation And Efficiency
This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried.
Canada
11 May 2017
13
An Obligation To Compensate A Patentee For Infringement May Not End When The Patent Expires. For The First Time, The Federal Court Awards Payment Of Profits Made After Patent Expiry
An infringer's liability to compensate a patent owner may not end when the patent expires. The Federal Court has made a novel award of "springboard" profits, requiring an infringer to account...
Canada
5 May 2017
14
Just How Predictable Must The Invention Be To Lose Patent Protection? Depends On The Inventive Concept
Only a true invention can be patented; a patent claim to an invention is not valid if the invention was obvious.
Canada
27 Apr 2017
15
Federal Court Cracks Down On Intentional Infringement With $1 Million Punitive Damages Awards
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.
Canada
17 Mar 2017
16
Brown v. Canada Clarifies Obligations Of Patent Applicants
Bennett Jones successfully represented the Intellectual Property Institute of Canada (IPIC), Canada's preeminent association of intellectual property professionals...
Canada
15 Feb 2016
17
Just Perfect: Compensatory Patent Damages In Apotex Inc v Merck & Co, Inc
The Federal Court of Appeal observed that the balance at the heart of the Patent Act demands "perfect compensation".
Canada
31 Jul 2015
18
Is The Competition Bureau Targeting You? New IP Enforcement Guidelines
On June 9, 2015, the Canadian Competition Bureau released updated draft Intellectual Property Enforcement Guidelines (IPEGs) for public comment.
Canada
16 Jun 2015
19
Privilege For Patent And Trademark Agents
As a result of Bill C-59, when passed, clients will enjoy a statutory privilege in their confidential communications with Canadian patent and trademark agents.
Canada
3 Jun 2015
20
Considerations And Implications Of Expedited Patent Examination Initiatives In The US
The typical pendency of a patent application in the United States can be between two and five years.
Canada
5 May 2015
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