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Insight
Pedal to the Metal: Canada’s Trademarks Office Hits the Gas With New Examination Service Standards
(November 23, 2023) As of January 1, 2024, the Canadian Intellectual Property Office (CIPO) expects to introduce amendments to certain of its trademark service standards that would see a dramatic drop in the amount of time between the filing of a domestic trademark ...
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Unveiling the Gaps: Year One of CIHR’s Clinical Trial Registration Rules
(October 31, 2023) Data transparency is becoming a priority for life sciences research. It is a good time for Canadian researchers to refresh themselves on best practices when it comes to data sharing. As a condition of funding, CIHR reminds applicants that “CIHR is ...
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Insight
PMPRB Adopts Amended Interim Guidelines to Expedite New Patented Medicine Price Reviews
(October 27, 2023) This article provides an update on PMPRB’s measures to expedite patented medicine price review to clear its review backlog.
Interim Guidelines Now in Effect
The PMPRB recently decided to adopt its Amended Interim Guidance, effective ...
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Intellectual Property Ontario (IPON) Provides Support for Ontario Innovators
(October 27, 2023) Intellectual Property Ontario (IPON) was established to help clients develop their IP strategy by working with them throughout their IP journey. IPON connects businesses to expert IP education, financial supports, and mentorship opportunities, ...
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Notices of Infringement Are Low Voltage Evidence. FCA Affirms Denial of Default Judgment Against Internet Account Holders
(October 10, 2023) In Voltage Holdings, LLC v. Doe #1, the Federal Court of Appeal has clarified what is required to prove copyright infringement in the context of file sharing. This is an important decision that affects the rights of internet account holders who ...
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Antibody Patents in the U.S. & Japan: If You Claim More, You Better Enable More
(September 6, 2023) The Supreme Court of the United States (SCOTUS) recently affirmed lower court decisions invalidating two Amgen patents related to its Repatha products. Around the same time, the Japanese IP High Court ruled a corresponding Japanese patent invalid ...
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Insight
Expect Moore of the same from CIPO after Federal Court of Appeal rejects Patentable Subject Matter Test
(August 21, 2023) On July 26, the Federal Court of Appeal (FCA) released the long-awaited Benjamin Moore decision. Practitioners who were hoping that this decision would provide much needed clarity on the patentability of computer-implemented inventions will be ...
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New Guidance from the Federal Court regarding Comparative Advertising Claims in Canada
(August 4, 2023) A summary of the findings
After much anticipation, a notable decision concerning comparative advertising claims in Canada was recently issued by the Federal Court of Canada in Energizer Brands, LLC v. Gillette Company, 2023 FC 804. The case ...
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Insight
CIPO’s Patent Fee Increases for 2024
(July 27, 2023) On June 21, 2023, Rules Amending the Patent Rules were published in the Canadian Gazette, Part II[1] (the “Amendments”), which will result in significant increases in most of the patent fees. The Canadian Intellectual Property Office (CIPO) ...
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Apology Not Accepted: Federal Court Sentences Defendant to Incarceration in Beast IPTV Case
(July 25, 2023) The last few years have seen an increase in the number of decisions from the Federal and Ontario courts addressing contempt of court in copyright disputes. The latest development comes in the form of Justice Lafrenière’s decision in Warner Bros. ...
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Insight
The Untenable Standard of Anonymized Data
(July 25, 2023) The proposed Consumer Privacy Protection Act (the CPPA) while still in its infancy, sheds light on the potential future of privacy law in Canada. One of the notable changes is the inclusion of statutory definitions of “de-identified” and “...
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Insight
Elevate IP – New Canadian Funding Program to Elevate your IP Game
(July 14, 2023) Innovative Canadian companies can benefit from funding available for IP strategy and filings
Innovative Canadian companies should take notice of the new Elevate IP program that is getting ready to launch. It was created as part of the federal ...
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Insight
CIPO’s Proposed Trademark Fee Increases for 2024
(July 14, 2023) Canadian Intellectual Property Office (CIPO)’s proposal for fee adjustments is expected to come into force on January 1st, 2024.
We suggest reviewing your trademark portfolio for possible filings, renewals and other tasks that can be done in ...
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Insight
Second Interim Guidance Proposed by the PMPRB
(July 4, 2023) In the latest instalment in the saga to implement the amended Patented Medicines Regulations that came into force on July 1, 2022, the Patented Medicine Prices Review Board (PMPRB) has published a second Interim Guidance proposal. This proposal ...
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Insight
Notice-and-Notice Regime Is Not a ‘Litigation Support Tool’. The Federal Court Refuses to Certify a Class Action That Contemplates ISPs Assisting in the Enforcement of Copyright
(July 4, 2023) In Voltage Pictures, LLC v. Salna, 2023 FC 893, the Federal Court has once again refused to certify a reverse class action for online copyright infringement based on the sharing of movies via the internet.[1] In the proposed proceeding, a ...
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Case Comment on Privacy Commissioner of Canada v Facebook, Inc [2023 FC 533]
(June 22, 2023) Facebook is once again scrutinized for privacy concerns, but this time the Federal Court sides with them.
While a great opportunity to shed more clarity on the meaning of “meaningful consent” in the Personal Information Protection and ...
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USPTO Expanding Fast-Track Program for Cleantech Patents
(June 7, 2023) By Victor Krichker and Benjamin Todd
On June 6, 2023, the United States Patent and Trademark Office (USPTO) expanded its Climate Change Mitigation Pilot Program (“Program”) to broaden the scope of eligible subject matter and to reduce ...
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Federal Court of Appeal Clarifies Test for Inducing Infringement for Generic/Biosimilar Drugs
(June 6, 2023) In Teva Canada Limited v Janssen Inc, 2023 FCA 68, the Federal Court of Appeal emphatically rejected the Federal Court’s interpretation of the three-pronged test for inducing infringement of a patent and clarified the test’s application in the ...
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Intellectual Property Strategy for Protecting Software: Supplementing Utility Patent Protection with Industrial Designs
(May 5, 2023) An often-overlooked form of intellectual property (IP) protection for software applications is industrial design protection for a graphical user interface (GUI). The GUI can include unique design features or animations (series of design frames) that ...
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Colour as a Trademark
(March 30, 2023) Significant changes to the Trademarks Act were made in June 2019 that expanded the ability of brand owners to protect additional features of their marks. In particular, the definition of a “sign” was expanded to include “a colour” and ...
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Privacy Update – New Laws and Cases of Interest
(March 30, 2023) Canada’s privacy and data protection laws have undergone significant evolution, bringing them more in line with those of its international partners and advancing technology. Legislative reforms reflect a general trend towards stricter regulations ...
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A Cautionary Comma Calamity
(March 28, 2023) The Boards of Appeal of the European Patent Office (EPO) recently published a decision (T 1473/19) in which they revoked a patent due to a missing pair of commas in a claim. The decision serves to remind North American applicants and patent ...
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2022 Year in Review: IP Litigation
(March 2, 2023) In a year dominated with headlines of interest rate hikes, inflation, and general economic uncertainty, perhaps it is unsurprising that in the area of intellectual property litigation, a noticeable trend from 2022 was the increased number of ...
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2022 Year in Review: Canadian Advertising, Marketing and Regulatory Law – Key Highlights and Developments
(February 28, 2023) 2022 marked a busy and notable year for advertisers and marketers as several key legislative and regulatory proposals, changes and practices were announced or came into force. This article provides a brief overview of recent developments impacting ...
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