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Articles: 1-10 of 90

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…

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

Canada - September 18 2018 In this decision, the Federal Court (“FC”) confirms that foreign corporations do not need to have a physical store in Canada to establish use of their…

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

Canada - September 13 2018 This case touches on the scope of section 52 of the Patent Act ("section 52"). The Federal Court ("FC") explained that an order under section 52…

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

Canada - September 11 2018 This case illustrates that marks which are merely descriptive of the wares, or of their geographic origin, will generally be awarded less protection -…

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

Canada - August 28 2018 The Federal Court (“FC”) disqualified Aitken Klee LLP (“Aitken Klee”) from representing Mr. Maoz Betser-Zilevitch (“Mr. Betser-Zilevitch”) on a motion…

Defendants Are Not Entitled to Elect Accounting of Profits

Canada - June 27 2018 The Federal Court of Appeal (“FCA”) dismissed Apotex Inc.’s (“Apotex”) appeal challenging the remedial decision, concerned with Canadian Patent No. 2…