Mondaq Canada: Intellectual Property
Bereskin & Parr LLP
Canada's trademark system recognizes both unregistered and registered rights, but there are many well-recognized benefits to registration...
Goodmans LLP
The decision of the Supreme Court of Canada (the "Court") in Keatley Surveying Ltd. v. Teranet Inc. represents the Court's first opportunity to examine the scope and application of section 12 of the Copyright Act.
Bereskin & Parr LLP
Le 10 juillet 2019, le gouvernement du Canada a publié la dernière version de ses nouvelles Règles sur les brevets dans la Gazette du Canada, Partie II
Norton Rose Fulbright Canada LLP
In CanMar, the patentee contended that two elements of the claim at issue were non-essential.
Norton Rose Fulbright Canada LLP
A valid trademark registration is also a defence to a trademark infringement action.
Bereskin & Parr LLP
For the first time, the Supreme Court of Canada has addressed Crown copyright (i.e. when copyright will be deemed to belong to the Canadian government)
Bereskin & Parr LLP
In 2014, Canada's patent law was amended to comply with Canada's obligation under the Patent Law Treaty (PLT), but implementation required amending the Patent Rules.
Clark Wilson LLP
On September 26, 2019, the Supreme Court of Canada (the "Court") rendered its judgment in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43
Norton Rose Fulbright Canada LLP
The court held that foreign prosecution history is admissible in extraordinary circumstances under this provision.
Gowling WLG
As previously reported, Quebec companies that display a non-French trademark on outdoor signage in the absence of a French generic term, slogan...
Blaney McMurtry LLP
A patent file wrapper (also known as prosecution history) generally refers to the correspondence between the patent office and an applicant regarding why a patent should be granted
Bereskin & Parr LLP
Generic drug companies typically do not have patents. Occasionally they may have patents on a new formulation of an old drug.
McMillan LLP
In 2018[1][2] we reported on the Ontario Court of Appeal decision in Keatley Surveying. That decision dealt with the ownership of the copyright for plans of survey
Smart & Biggar
Proposed amendments disclosed reasonable cause of action.
Goldman Sloan Nash & Haber LLP
In November of 2017 we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court referred two issues to the trial Judge.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court expunged the registration of a trademark on the grounds the mark was not distinctive at the time the proceedings were brought ...
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context.
Goldman Sloan Nash & Haber LLP
A recent decision of a judge of the Federal Court allowed an appeal from a decision of the Hearing Officer of the Trademark Opposition Board,...
Bereskin & Parr LLP
In 2014, Canada's patent law was amended to comply with Canada's obligation under the Patent Law Treaty (PLT), but implementation required amending the Patent Rules. The Patent Rules have now ...
Gowling WLG
On Sept. 25, 2019, the Federal Court of Canada released its first decision interpreting the scope of new section 53.1 of the Patent Act.
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Smart & Biggar
In the global knowledge economy of the 21st century, governments are becoming aware of the importance of intellectual propertyand are putting in place strategies to encourage innovative businesses to invest in IP.
LexSage
We have had three files in the last year where an individual purchased an item online and it was seized as counterfeit at the border.
Norton Rose Fulbright Canada LLP
A valid trademark registration is also a defence to a trademark infringement action.
Gowling WLG
Canada's innovation and tech sectors have flourished in recent years, attracting leading entrepreneurs and major investments from around the world to Canada
Norton Rose Fulbright Canada LLP
Earlier this year, the Federal Court awarded damages of $20 million for the unauthorized reproduction of obituaries online.
Clark Wilson LLP
For most startups, intellectual property will take many forms.
Clark Wilson LLP
The Supreme Court of Canada has dismissed an application for leave to appeal from the Federal Court of Appeal ("FCA")
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