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Articles: 1-10 of 95

Canada Will Have New Trademark Law Effective June 17, 2019

Canada - November 15 2018 Canada recently overhauled its Trade-marks Act, Rules and practices. This was ostensibly to allow Canada to become party to several international…

Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

Canada - November 13 2018 The FC upheld the registrar of Trade-marks’ (“Registrar”) decision, concluding that the Registrar did not err in its analysis. The Registrar’s…

US Court of Appeals for the Federal Circuit Confirms Test for Obviousness

USA - November 7 2018 In this decision, the United States Court of Appeals for the Federal Circuit (“CAFC”) confirmed the legal standards for obviousness in patent law and…

Bill C-86 and Its Impact on Trademark and Patent Prosecution

Canada - November 2 2018 On October 29, 2018, the House of Commons introduced Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on…

How Canadian Trademark Law Will be Impacted by Bill C-86

Canada - November 1 2018 On October 29, 2018, the Canadian Government introduced Bill C-86. This legislative instrument was said to put into place additional aspects of the…

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada, European Union - October 11 2018 On September 21, 2017, the Comprehensive Economic and Trade Agreement (“CETA”) provisionally came into force in Canada. Among the elements introduced…

Federal Court Clarifies its Position on Protective Orders

Canada - October 3 2018 The Federal Court (“FC”) reinstates the long-standing practice of issuing protective orders; confirms that protective orders are governed by the test…

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

Canada - September 26 2018 This case establishes the threshold required to bring a motion for early dismissal under the new Patented Medicines (Notice of Compliance) Regulations…

Defence of Prior Disclosure Needs Material Facts

Canada - September 20 2018 The Federal Court (“FC”) confirms that parties who want to amend their pleadings must be able to present material facts for their assertion - an…

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

Canada - September 18 2018 The Federal Court (“FC”) confirms that a trademark associated with “hotel services” does not need to have a brick-and-mortar presence in Canada. This…