Smart & Biggar

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1100-150 York Street
Toronto, ON M5H 3S5, Canada
Phone: 416.593.5514
Fax: 416.591.1690
Areas Of Practice
  • Agriculture
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Intellectual Property
  • Litigation
  • Science, Computers, & Tech
Locations
Other Countries
  • Canada
Number of Attorneys
51-99 Attorneys

Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts and…more
 /  Environmental Law, Intellectual Property, Science, Computers, & Technology

PM(NOC) Regulations: seven-year anniversary of major amendments

September 21, 2024, marked the seventh anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations (Regulations). This article provides an update on activities in the seventh year…more
 /  Administrative Law, Civil Procedure, Health, Intellectual Property

JAMP seeks to bring abuse of dominance case re: STELARA

JAMP filed an application with the Competition Tribunal on July 26, 2024, seeking leave to bring an abuse of dominance case against Janssen relating to ustekinumab (Janssen’s STELARA)…more
 /  Civil Procedure, Health, Intellectual Property

The OQLF’s new guidelines: practical resources for trademarks on products

On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. Since then, the Office québécois de la langue…more
 /  Administrative Law, Business Organizations, Consumer Protection, Intellectual Property

CIPO’s new Specificity Guidelines for goods and services: what you need to know

Those familiar with filing and prosecuting trademark applications in Canada will know that the Canadian Intellectual Property Office (CIPO) has among the world’s most stringent standards for assessing the specificity of goods…more
 /  Business Organizations, Intellectual Property, Science, Computers, & Technology

Supreme Court of Canada to hear method of medical treatment appeal

On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen’s patent relating to paliperidone…more
 /  Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Artificial intelligence (AI) advocacy in the Federal Court

In April 2023, a curious law professor and lawyer submitted his “Introductory Civil Procedure” exam to ChatGPT, an AI chatbot, to see how it would score. The results were surprising: ChatGPT outperformed over 70% of his…more
 /  Civil Procedure, Law Practice Products & Services, Intellectual Property, Science, Computers, & Technology

Protecting trade secrets and confidential business information in Canada

Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada…more
 /  Business Organizations, Commercial Law & Contracts, Intellectual Property

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss this…more
 /  Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss this…more
 /  Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Boehringer Ingelheim succeeds in nintedanib PMNOC action against JAMP

In a public decision dated August 8, 2024, Justice Furlanetto of the Federal Court found Boehringer Ingelheim’s Canadian Patent No. 2,591,083 (the 083 patent) valid and infringed by JAMP in an action under the Patented Medicines…more
 /  Health, Intellectual Property

Official marks in Canada: a unique system with notable flaws

Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private…more
 /  Intellectual Property

Don’t take the bait: avoiding trademark phishing scams

The College of Patent Agents & Trademark Agents (CPATA) recently issued an alert regarding a surge in fraudulent emails targeting trademark owners. As is typical of these “phishing” scams, the emails often pressure recipients to…more
 /  Business Organizations, Consumer Protection, Intellectual Property

Manitoba last province to introduce Biosimilars Initiative, while Ontario adds four drugs to its Biosimilar Policy

Manitoba has implemented a Biosimilars Initiative effective August 1, 2024. Manitoba is the last province in Canada to implement a biosimilar policy that requires patients receiving funding under the Manitoba Pharmacare program…more
 /  Health, Insurance

Developing a sound global trademark filing strategy

Registering a trademark across multiple jurisdictions can be a complex process. Brand owners must strike a balance between maximizing protection across their jurisdictions of interest and managing both risks and costs to develop…more
 /  Business Organizations, Intellectual Property, International Law & Trade
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