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Borden Ladner Gervais LLP | Canada | 26 Apr 2021
La propriété intellectuelle et votre entreprise : ce que vous devez savoir
La propriété intellectuelle (PI) peut revêtir plusieurs formes, notamment les marques de commerce, les droits d’auteur, les dessins industriels, les…
Borden Ladner Gervais LLP | Canada | 26 Apr 2021
Intellectual property and your business: What you need to know
Intellectual Property (IP) comes in many forms, including trademarks, copyrights, industrial designs, trade secrets, plant breeders rights, and…
Borden Ladner Gervais LLP | Canada | 16 Apr 2021
Federal Court of Appeal interprets CSP regulations and denies patent term restoration
In a recent case, the Federal Court of Appeal (FCA/the Court) overturned a decision of the Federal Court (FC) and held that that the Minister of…
Borden Ladner Gervais LLP | Canada | 15 Mar 2021
FCA provides much needed clarification on obviousness and anticipation
In Apotex v. Shire, the Federal Court of Appeal (FCA) dismissed Apotex' appeal and affirmed the decision of the Trial Judge holding that the patent…
Borden Ladner Gervais LLP | Canada | 15 Mar 2021
Ontario Superior Court dismisses Apotex’s claims for damages under Statutes of Monopolies
In March 2021, the Ontario Superior Court granted summary judgment, in favour of Lilly, dismissing Apotex’s claim for treble damages pursuant to the…
Borden Ladner Gervais LLP | Canada | 16 Dec 2020
Pharmaceutical and Biotechnology Litigation in the Federal Court of Canada
Canada has a linkage system similar to the Hatch-Waxman system in the United States. This system is governed by the Patented Medicines (Notice of…
Borden Ladner Gervais LLP | Canada | 9 Dec 2020
Federal Court of Appeal clarifies standard for granting leave in NOC cases
When the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations) were amended in 2017, the procedure governing their proceedings…
Borden Ladner Gervais LLP | Canada | 30 Jun 2020
Parts of amended Patented Medicines Regulations related to the PMPRB struck down
On June 29, 2020, the Federal Court issued its decision in the judicial review of recent Amendments to the Patented Medicines Regulations. These…
Borden Ladner Gervais LLP | Canada | 26 Mar 2020
COVID-19 Emergency Response Act and IP Rights
The COVID-19 Emergency Response Act received royal assent in Canada on March 25, 2020. It contains amendments to both the Patent Act and the Food and…
Borden Ladner Gervais LLP | Canada | 18 Nov 2019
Expanding Protection of IP Licensees: Changes to the BIA and CCAA via the Budget Implementation Act, 2018, No. 2
On November 1, 2019, amendments to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (BIA) and the Companies' Creditors Arrangement Act, R.S.C…
