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Intellectual property weekly abstracts bulletin

Borden Ladner Gervais LLP
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Canada
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May 13 2013

This case involved a dispute over ownership and alleged infringement of copyright in a number of computer software programs. The Court held that the

Data protection: defining innovative drug in Canada

Gowling Lafleur Henderson LLP
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Canada
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April 22 2013

Canada amended its Data Protection Regulations in 2006 to provide protection for innovative drugs in a second attempt to implement Canada's 1994

A clause for concern? Arbitration clauses and third-party IP claims

King & Wood Mallesons
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Canada
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April 4 2013

The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for

Other cases of interest

Borden Ladner Gervais LLP
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Canada
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March 25 2013

As mentioned last week, two IP leave decisions were released last Thursday. Neither appeal obtained leave. The first, Gilead Science Canada Inc. v

Liability for section 8 damages upheld

Borden Ladner Gervais LLP
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Canada
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March 18 2013

AstraZeneca appealed the decision of the Trial Judge with respect to liability for damages pursuant to s. 8 of the NOC Regulations (decision here, our

Leave to appeal to the Court of Appeal Re: motion to strike pleadings granted in respect of claims to unjust enrichment, denied in respect of claims under the Trade-Marks Act

Borden Ladner Gervais LLP
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Canada
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March 6 2013

In this case, Apotex has sued Eli Lilly for damages pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations. Eli Lilly brought a

Legal trends '13: a forecast of the year ahead - intellectual property

Blake Cassels & Graydon LLP
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Canada
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January 17 2013

The Supreme Court of Canada (SCC) released decisions in five appeals relating to copyright matters, which it heard in December 2011. In the so-called

Handy guide to passing-off in the context of domain names

Borden Ladner Gervais LLP
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Canada
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December 19 2012

Passing-off - that is, making your product look like someone else's or suggesting it has their endorsement - is as old as the hills, but its application