Mondaq Canada: Intellectual Property
Bereskin & Parr LLP
Les modifications à la Loi sur les marques de commerce tant attendues au Canada sont maintenant confirmées pour le 17 juin 2019.
Norton Rose Fulbright Canada LLP
The Federal Court of Appeal recently released a decision that serves as a stark reminder to brand owners of the importance of both applying to register their trademarks promptly and taking active steps to police their marks.
Norton Rose Fulbright Canada LLP
Filing multi-class applications now to avoid additional filing fees
Smart & Biggar/Fetherstonhaugh
The Federal Court has dismissed Elanco's application for judicial review of the Minister of Health's refusal to list Canadian Patent No. 2,812,704 on the Patent Register ...
Smart & Biggar/Fetherstonhaugh
As previously reported, the Federal Court of Appeal (FCA) allowed in part Apotex's appeal of a decision awarding Eli Lilly over $100 million for Apotex's infringement ...
Smart & Biggar/Fetherstonhaugh
As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine succinate products until expiry of Patent No. 2,436,668.
Gowling WLG
This article highlights noteworthy Canadian copyright law decisions and developments from 2018.
McCarthy Tétrault LLP
In late January, in two decisions released simultaneously, the Federal Court of Appeal affirmed the broad and factually-suffused nature of the obviousness inquiry.
Bereskin & Parr LLP
As part of the government of Canada's IP strategy, the Canadian Intellectual Property Office (CIPO) is making laudable efforts to educate the Canadian public about tools for protecting intellectual property assets.
Bereskin & Parr LLP
Several patent offices have launched a "Collaborative Search and Examination" Pilot Project ("CS&E"), which will allow examiners from key patent offices to collaborate on examination of PCT Applications.
Bereskin & Parr LLP
Canada's long-awaited amendments to the Trademarks Act are now confirmed for June 17, 2019. Trademark owners still have several months to prepare for the changes ...
Smart & Biggar/Fetherstonhaugh
As recently reported, Canadian trademark law will be overhauled on June 17, 2019 with many significant changes, both procedural and substantive, coming into effect.
Torys LLP
The December 2018 Royal Assent of Bill C-861 introduced new section 53.1 to the Patent Act, which brought prosecution history estoppel to Canada. This amendment removes the bar
Goodmans LLP
Pursuant to its Comprehensive Economic and Trade Agreement commitments, Canada recently enacted patent term adjustment provisions which can extend the 20-year period of patent protection for up to an additional two years.
Spiegel Sohmer
Spin Master Ltd., which is based in Toronto, and according to its statement of claim, is the largest Canadian toymaker and one of the top five toy companies globally, acquired the ...
Bereskin & Parr LLP
When it comes to protecting an invention, it is better to turn to a registered patent agent who is well versed in the relevant laws governing patents ...
Norton Rose Fulbright Canada LLP
The Federal Court of Appeal upheld the validity of Canadian Patent 2,436,668 which covers Form I ODV succinate (marketed as PRISTIQ) in two separate appeals by Apotex Inc. and Teva Canada Ltd, finding that the claims were novel and inventive.
Goldman Sloan Nash & Haber LLP
We previously discussed the limitations concerning descriptive trademarks. If all else fails a brand owner may have to file evidence of acquired distinctiveness to overcome an objection to obtain a registration.
Bereskin & Parr LLP
The recent small claims court decision in Kashruth Council of Canada v 1412189 Ontario Inc., 2018 CanLII 130064 saw the Ontario Small Claims Court grant the maximum $25,000 award available in that court to the plaintiff...
Goldman Sloan Nash & Haber LLP
A recent decision of the Ontario Supreme Court of Justice granted an injunction until trial (an interlocutory injunction) in a passing off case.
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Bereskin & Parr LLP
Several patent offices have launched a "Collaborative Search and Examination" Pilot Project ("CS&E"), which will allow examiners from key patent offices to collaborate on examination of PCT Applications.
McCarthy Tétrault LLP
In late January, in two decisions released simultaneously, the Federal Court of Appeal affirmed the broad and factually-suffused nature of the obviousness inquiry.
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Gowling WLG
This article highlights noteworthy Canadian copyright law decisions and developments from 2018.
Bereskin & Parr LLP
Some of these prohibitions seem clear, such as that relating to the display of characters or animals.
Bereskin & Parr LLP
Les modifications à la Loi sur les marques de commerce tant attendues au Canada sont maintenant confirmées pour le 17 juin 2019.
Smart & Biggar/Fetherstonhaugh
As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine succinate products until expiry of Patent No. 2,436,668.
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