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Smart & Biggar is Canada's largest firm practising exclusively in intellectual property and technology law, with offices in Ottawa, Toronto, Montreal…
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Smart & Biggar | Canada | 4 Jul 2022

Canadian brand protection, eh? Enforcing trademarks in Canada from oppositions to litigation

Trademark litigation, oppositions and non-use cancellation proceedings are a necessary part of a brand's trademark enforcement and protection strategy. And these proceedings have all become increasingly important in Canada. In this webinar, partners Mark Evans and Ekaterina Tsimberis explore recent Canadian developments and effective strategies and best practices for successful trademark......
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Smart & Biggar | Canada | 30 Jun 2022

New PMPRB regulations registered, in force July 1, 2022, interim approach to pricing announced

As previously announced, the amended Patented Medicines Regulations will be coming into force on July 1, 2022 in substantially revised form. As we…
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Smart & Biggar | Canada | 28 Jun 2022

Update on biosimilars in Canada - June 2022

We provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, market access…
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Smart & Biggar | Canada | 27 Jun 2022

Updates to Health Canada’s regulatory initiatives for 2022-2024, and amendments to Food and Drug Regulations (Exports and Transhipments of Drugs)

Health Canada has updated its Forward Regulatory Plan: 2022-2024, providing information on regulatory initiatives Health Canada aims to propose or…
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Smart & Biggar | Canada | 27 Jun 2022

Federal Court finds Janssen’s macitentan combination therapy patent valid

On May 31, 2022, the Federal Court released a decision by Justice Pallotta in a patent infringement action pursuant to subsection 6(1) of the…
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Smart & Biggar | Canada | 27 Jun 2022

Food and Drug Regulations (Exports and Transhipments of Drugs)

Health Canada has updated its Forward Regulatory Plan: 2022-2024, providing information on regulatory initiatives Health Canada aims to propose or…
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Smart & Biggar | Canada | 20 Jun 2022

Trademark troll loses registration after appropriating well-known mark

The Federal Court of Canada recently ordered a trademark registration to be expunged for "bad faith" after finding it had been filed solely for the purpose of resale. This is the first decision in Canada applying the new bad-faith ground for trademark expungement, added to the Trademarks Act in 2019. Brand owners will welcome the decision as confirming Canada's stance against would-be......
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Smart & Biggar | Canada | 15 Jun 2022

Competition Bureau resolves misleading performance claims case

The Competition Bureau recently announced that it had reached a settlement agreement with NuvoCare Health Sciences Inc and its founder, who were found to have made marketing claims that gave a false or misleading impression about their weight loss products. The Competition Bureau's investigation concluded that NuvoCare's weight loss claims were not supported by adequate and proper testing.
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Smart & Biggar | Canada | 13 Jun 2022

New rules: request examination of Canadian patent applications before 3 October 2022

The Rules amending the Patent Rules were recently registered and will largely come into force on 3 October 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are similar to draft rules published for public comment in 2021. This article outlines why patent applicants should consider requesting examination of Canadian patent applications......
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Smart & Biggar | Canada | 9 Jun 2022

Trademark troll loses registration after appropriating well-known mark

The Federal Court of Canada, in a May 2022 decision, has ordered a B.C. Man’s trademark registration be expunged for “bad faith” after finding it…
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