Category: Intellectual Property

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Canadian Court Nixes Class Action for Patent Abuse

December 16, 2015

The British Columbia Court of Appeal (BCCA), in Low v. Pfizer Canada Inc., has held that Canada’s Patent Act provides a complete code that forecloses civil actions by consumers centred on breaches of the statute. BACKGROUND The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging…

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

November 17, 2015

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis of inutility under the evolving and controversial promise doctrine in patent law. BACKGROUND On June 13, 2013, Eli Lilly and Company (Eli Lilly) initiated a C$500-million claim…

“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

July 22, 2015

  United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.    BACKGROUND   In Singh v. Trump (Singh), the developer…

Law on Post-Patent Royalties Differs Between Canada and the U.S.

July 7, 2015

  The recent decision of the United States Supreme Court (USSC) in Kimble v. Marvel Entertainment LLC (Kimble) highlights how a lack of knowledge of the law governing the intellectual property that is the subject of a transaction or litigation settlement can have serious consequences.   Kimble confirmed that an obligation to pay post-patent royalties relating to a patented invention…

Hot-Button Topics in Intellectual Property Law

June 3, 2015

We are once again hosting our popular annual seminar on Hot-Button Topics in Intellectual Property Law. These fast-paced and informative sessions offer attendees an opportunity to learn about a wide variety of recent developments in intellectual property. Blakes lawyers and patent agents will highlight the key elements of each topic and provide forecasts and constructive recommendations. Topics: Canada’s Trademark Laws Have Changed – Now What? –…

When the Dust Settles: An Update on Changes to Canadian IP Legislation

May 19, 2015

Canada is in the midst of a substantial overhaul of its intellectual property statutes and regulations that will have wide-ranging implications for patent, industrial design, trade-mark and copyright law as well as procedure. This Update summarizes the most important revisions that have already been implemented and those that are expected to be implemented within the next few years. PATENTS The most substantial…

Court Interprets Quebec French Language Sign Requirements, Trade-mark Exception

February 17, 2015

  A recent, lengthy decision gives interesting guidance on Quebec language legislation as to the rules applicable to the predominance of French, the use of trade-marks on signs and in particular the protection for unregistered trade-marks. It also addresses new constitutional challenges to this legislation.   In Quebec v. 156158 Canada Inc., 24 anglophone merchants in the Montréal area challenged…

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

January 23, 2015

  On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime Act (Act), received royal assent. The Act, sometimes colloquially referred to as Canada’s cyberbullying law, was originally introduced in the House…

Canada Counters Counterfeiting: Border Enforcement Provisions of CCPA Come into Force

January 13, 2015

  After years of calls for reform from intellectual property rights owners, the Canadian government has enacted new legislation in an effort to fight counterfeiters acting on a commercial scale. Bill C-8, the Combating Counterfeit Products Act (CCPA) received royal assent on December 9, 2014. Some provisions of the CCPA came into force at that time, including new criminal and…

New PPH Pilot Agreement between CIPO and EPO

January 9, 2015

  A new Patent Prosecution Highway (PPH) pilot agreement between the Canadian Intellectual Property Office (CIPO) and the European Patent Office (the EPO) came into effect on January 6, 2015. The pilot will last for a period of three years, ending on January 5, 2018, and aims to accelerate patent examination for applicants who file in both CIPO and the…

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