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Borden Ladner Gervais LLP | Canada | 21 Nov 2022

SCC provides clarity on accounting of profits remedy in patent infringement

On November 18, 2022, the Supreme Court of Canada (SCC) released its much-awaited decision in the case of Nova Chemicals Corporation v. Dow Chemical…
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Borden Ladner Gervais LLP | Canada | 29 Sep 2022

Navigating new excess claims fees and double patenting risk in Canadian patent prosecution: The devil and the deep blue sea

The most significant changes to the Canadian patent system in more than two decades come into effect on October 3, 2022.1 Several of these changes…
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Borden Ladner Gervais LLP | Canada | 29 Aug 2022

NOC Regulations do not apply to biosimilars when reference products are not marketed

The Federal Court recently denied AbbVie’s application for judicial review of two decisions of the Minister of Health (the Minister) relating to JAMP…
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Borden Ladner Gervais LLP | Canada | 8 Aug 2022

2030 Emissions Reduction Plan and Canada's journey to net zero: part three

The government of Canada recently delivered its 2030 Emissions Reduction Plan. The Plan outlines current and new policies by the federal government to meet its greenhouse gas reduction targets and, in some cases, associated funding. This article is the third in a three-part series that outlines certain strategies of the Plan (supplemented by the recent federal budget) to further Canada's......
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Borden Ladner Gervais LLP | Canada | 1 Aug 2022

2030 Emissions Reduction Plan and Canada's journey to net zero: part two

The government of Canada recently delivered its 2030 Emissions Reduction Plan. The plan outlines current and new policies by the federal government to meet its greenhouse gas reduction targets and, in some cases, associated funding. This article is the second in a three-part series that outlines certain strategies of the plan (supplemented by the recent federal budget) to further Canada's......
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Borden Ladner Gervais LLP | Canada | 25 Jul 2022

2030 Emissions Reduction Plan and Canada's journey to net zero: part one

In March 2022, the government of Canada delivered its 2030 Emissions Reduction Plan. The Plan outlines current and new policies by the federal government to meet its greenhouse gas reduction targets and, in some cases, associated funding. This article is the first in a three-part series that outlines certain strategies of the Plan (supplemented by the recent federal budget) to further......
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Borden Ladner Gervais LLP | Canada | 22 Jul 2022

Supreme Court confirms that making copyrighted works available online is not a stand-alone interest

On July 15, 2022, the Supreme Court of Canada (SCC) released its decision in Society of Composers, Authors and Music Publishers of Canada v…
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Borden Ladner Gervais LLP | Canada | 7 Jul 2022

Innovative pharmaceutical companies need to be aware of the Competition Act

The Competition Bureau (the Bureau) in Canada has a long history of investigating business matters relating to innovative pharmaceutical companies in…
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Borden Ladner Gervais LLP | Canada | 20 Jun 2022

Greening up Canadian patent rights by expediting green technologies

The federal government recently delivered its 2030 Emissions Reduction Plan, which outlines opportunities and actionable steps for each key sector and for nature-based and clean tech-based solutions overall. Notably absent from the Plan, however, is discussion on the protection and management of the new intellectual property underlying the development of these emissions management and......
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Borden Ladner Gervais LLP | Canada | 25 Apr 2022

World IP Day: A primer on Canadian intellectual property rights

The theme of World Intellectual Property Day this year is "IP and Youth: Innovating for a Better Future." In the spirit of contributing to…
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