2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments.
We have taken the opportunity to review our top 10 highlights from the past year including:
- Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca's NEXIUM patent as useful
- Dow awarded $645 million, the largest amount for patent infringement in Canadian history
- Accounting of profits and the non-infringing alternative
- Expediting of trademark litigation in Canada's Federal Courts
- Clarification regarding the use of keywords in advertising
- Willingness by the Federal Court to protect trade dress and goodwill
- $12.7 million awarded for circumvention of Technological Protection Measures (TPMs)
- Supreme Court of Canada grants global injunction in Google Inc v Equustek
- Res judicata inapplicable to domain name proceedings
- Looking Ahead - Amendments to Canada's IP laws
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
