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
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
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
3/23/2020
/ Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
DPMA ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
IP AUSTRALIA ,
Patents ,
Trademarks ,
UK Intellectual Property Office (UK IPO) ,
USPTO ,
WIPO
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
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 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
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
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
7/7/2017
/ Apotex ,
AstraZeneca ,
Canada ,
Counterfeiting ,
Google ,
Interlocutory Injunctions ,
Patent Act ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Preliminary Injunctions ,
Promise Doctrine ,
Supreme Court of Canada
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
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
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
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
6/15/2015
/ Antitrust Provisions ,
Canada ,
Competition Act ,
Competition Authorities ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Intellectual Property Protection ,
Patent Assertion Entities ,
Patents ,
Pharmaceutical Industry ,
Standard Essential Patents
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