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Patent Registration Canada

Smart & Biggar

Steps to consider before sending a cease-and-desist letter

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The intellectual property (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential...more

Smart & Biggar

Ontario Court of Appeal affirms dismissal of Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

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On March 8, 2021, the Ontario Superior Court of Justice dismissed Apotex’s claims against Eli Lilly (Lilly) under the Statute of Monopolies, Trademarks Act, and common law conspiracy relating to Canadian Patent No. 2,041,113...more

Smart & Biggar

Supreme Court of Canada denies Merck leave to appeal from decision upholding strict interpretation of patent listing deadline

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Merck sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 224) affirming a Federal Court decision upholding Health Canada’s refusal to add a patent relating to a formulation of Merck’s KEYTRUDA, a...more

Smart & Biggar

Federal Court upholds Health Canada’s strict interpretation of patent listing deadline for KEYTRUDA formulation patent

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Update: Merck’s appeal was dismissed. The Federal Court recently dismissed Merck’s application for judicial review of Health Canada’s refusal to add Canadian Patent No. 2,830,806 (806 Patent) to the Patent Register, holding...more

Smart & Biggar

Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations would expand definition of “claim for the...

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Update: Health Canada’s “Forward Regulatory Plan: 2023-2025” no longer lists the 2019 proposed amendments to the Food and Drug Regulations, “Regulations amending the Food and Drug Regulations (Improving Access to Generic...more

Fenwick & West LLP

Key IP Takeaways from the United States-Mexico-Canada Agreement

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On September 30, 2018, the United States, Mexico and Canada reached a trade agreement to supersede the North American Free Trade Agreement. The aptly named United States-Mexico-Canada Agreement includes intellectual property...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The Goods on IP - July 2018: The Hague System for the Registration of International Design Welcomes Canada

The Hague Agreement, the international registration system for industrial designs, continues to grow as Canada will become its newest member on November 5, 2018. As we reported back in January, Russia also joined the Hague...more

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