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Canadian Patents, Trademarks, and Industrial Designs: Final Extension of Deadlines in Response to the COVID-19 Pandemic

In response to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has extended many (but not all) patent, trademark, and industrial design deadlines that ordinarily fall in a period beginning on March 16,...more

COVID-19: What Deadlines Apply for the Protection of Intellectual Property Rights Now

Among the many matters the COVID-19 outbreak has disrupted, it has become more challenging for some IP-owners to abide by the strict procedures and deadlines for protecting their intellectual property rights, including...more

COVID-19: What Deadlines Apply for the Protection of Intellectual Property Rights Now?

Among the many matters the COVID-19 outbreak has disrupted, it has become more challenging for some IP-owners to abide by the strict procedures and deadlines for protecting their intellectual property rights, including...more

Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

Equip: IP Litigation Case of the Week - Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if...more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation...more

Pharma and Biologic Disputes in Canada – New Regulations Take Effect September 21, 2017

Pharma and biologics manufacturers will soon have big decisions to make regarding their pharmaceutical and biological product strategy in Canada. On September 6, 2017, the Governor General in Council, on recommendation of the...more

Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation

The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines (Notice of...more

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Tips to Set Your Business up for Successful IP Litigation

Delay in asserting IP rights can be detrimental to obtaining quick injunctive relief, and evidentiary gaps can make your case a non-starter. It is therefore important for a business to be prepared to advance claims against...more

Just How Predictable Must the Invention Be to Lose Patent Protection? Depends on the Inventive Concept

Only a true invention can be patented; a patent claim to an invention is not valid if the invention was obvious. Assessing obviousness can be thought of as bridging the gap between two cliffs: on one side is the existing...more

Just Perfect: Compensatory Patent Damages in Apotex Inc v Merck & Co, Inc

The Federal Court of Appeal has decided that when computing compensatory damages for patent infringement, the availability of a non-infringing alternative is now a legally relevant consideration that can reduce the lost...more

Is the Competition Bureau Targeting You? New IP Enforcement Guidelines

On June 9, 2015, the Canadian Competition Bureau released updated draft Intellectual Property Enforcement Guidelines (IPEGs) for public comment. The comment period is open until August 10, 2015. It is the third publication of...more

The Top 5 Trends in Canadian Intellectual Property Law for 2015

Last year promised significant changes in Canadian IP law; some of which will be realized in 2015. As the first quarter draws to a close, this year’s trends in IP law are emerging. Canada’s international trade negotiations...more

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