Mondaq Canada: Intellectual Property
The Bill also appears to satisfy Canada's obligations under the Anti-Counterfeiting Trade Agreement (ACTA) and will allow Canada to ratify ACTA.
The Trade-marks Act tells us that in determining whether trade-marks are confusing, the court should consider "all the surrounding circumstances".
The Supreme Court of Canada has recently denied leave to appeal today from the Federal Court of Appeal decision in Eli Lilly Canada Inc v Novopharm Ltd., 2012 FCA 232.
In a concise unanimous decision, the Supreme Court of the United States has ruled in favor of Monsanto against a farmer who reproduced patented seeds by planting and harvesting second generation seeds without Monsanto's permission.
The advantages of trade-mark registration are self-evident for both franchisors and their franchisees who are licensees of the mark, and should be considered a mandatory first step on the road to franchising a business.
Canada, as in other jurisdictions, links drug marketing approval with patent rights.
Until January 2013, the law of generic claims under section 8 of the Patent Medicines Regulations differed depending on the court chosen by the generic.
The Supreme Court of Canada has recently denied leave to appeal from the Federal Court of Appeal decision in "Allergan Inc. et al ats. Apotex Inc.".
The rising cost of energy and resources and the transition to a low-carbon economy have driven research, development and investment efforts in clean technologies.
In recent years, attacks on the lack of sound prediction and failure to meet the promise of the patent have proven to be a crushing hammer in the hands of those who challenge patents.
The Copyright Alert System, thought to be DOA, has been given new life and is reported to be in use by at least one participating ISP in the US, with others reported to be implementing the system in the coming days and weeks.
Threats of patent infringement have proliferated and infringement actions have been filed in all Courts, particularly the Federal Court in Alberta.
In Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the "form and expression" of ideas, as embodied in a TV show.
The severe global economic recession of 2008 and the explosion in the availability, distribution and access to information electronically via the internet over the last 15 years combined to significantly change the way new technologies are commercialized and existing technologies are improved.
In Canada, the "Competition Act" largely defers to the "Patent Act".
In the pharmaceutical sector, patent systems are concerned with balancing the interests of innovator drug companies, the public and generic manufacturers.
Perhaps more than any other technology field, patentees in the life sciences sector tend to be holders of patent families.
In a cautionary tale to be heeded by patent drafters, the Supreme Court of Canada held that Pfizer’s patent directed to sildenafil, better known as Viagra, is invalid.
The Court of Appeal has overturned a lower court decision and struck the mark NEOWEB from the register because it is confusing with the earlier registered mark GEOWEB.
On December 11, 2012, the European Parliament approved a legislative package aimed at establishing a single unified European patent system.
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After seven years and three previous attempts at amending the Copyright Act, Canada’s Copyright Modernization Act ("Bill C-11") was finally proclaimed into force on November 7, 2012.
The recent decision in Overstock v. New York Taxation and Finance paved the way for an interesting conclusion on the taxing power of New York State - and by extension, the sales tax that may be applied to many online sales, including sales by Canadian online business into the US market.
The Federal Court has recently released its decision in Apotex Inc. v. H. Lundbeck A/S, 2013 FC 192.
In a cautionary tale to be heeded by patent drafters, the Supreme Court of Canada held that Pfizer’s patent directed to sildenafil, better known as Viagra, is invalid.
Several recent decisions of the Canadian courts and the Trade-marks Opposition Board analyze the impact of e-commerce on claims of trademark "use" in Canada.
The Copyright Alert System, thought to be DOA, has been given new life and is reported to be in use by at least one participating ISP in the US, with others reported to be implementing the system in the coming days and weeks.
On April 26, 2013, Health Canada published a notice to inform clinical trial sponsors that information about Clinical Trial Applications ("CTAs") will be published.
On May 1, 2013, the United States Trade Representative ("USTR") released its annual IP report for 2013.
When is one trade-mark too close to another? This is a question that we work through collaboratively with our trade-mark clients.
On October 9, 2012, six retailers, BEST BUY, COSTCO, GAP, OLD NAVY, GUESS? and WAL-MART, filed a motion in the Superior Court of Québec seeking a declaratory judgement against the "Office québécoise de la langue française".
