Mondaq Canada: Intellectual Property
Aird & McBurney LP
As a patent practitioner, one of the questions I often get asked is whether distributed ledger technology (DLT), such as blockchain, is patentable.
Blake, Cassels & Graydon LLP
Patents Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries
Fasken
In last week's Keatley Surveying decision, the Supreme Court considered the test that should determine when the Crown will acquire copyright in third-party works that are published under government authority.
Stewart McKelvey
The Canadian Trade-marks Act will be amended effective June 17, 2019. As a result, the Act will undergo a complete overhaul on various aspects of trademark prosecution, registration, and enforcement.
Moeller IP Advisors
The Government of Canada is changing the current Patent Act and Patent Rules to modernize the Canadian patent regime.
Blake, Cassels & Graydon LLP
Autumn is known as a season of change, and this is certainly holding true for Canada's patent system. On October 30, 2019, a host of amendments to Canada's Patent Rules will come into effect to...
Bereskin & Parr LLP
Historically, file wrappers – the back and forth with the Patent Office in a patent application file – were irrelevant and inadmissible in Canadian patent construction
Bereskin & Parr LLP
Canada's trademark system recognizes both unregistered and registered rights, but there are many well-recognized benefits to registration...
Goodmans LLP
The decision of the Supreme Court of Canada (the "Court") in Keatley Surveying Ltd. v. Teranet Inc. represents the Court's first opportunity to examine the scope and application of section 12 of the Copyright Act.
Bereskin & Parr LLP
Le 10 juillet 2019, le gouvernement du Canada a publié la dernière version de ses nouvelles Règles sur les brevets dans la Gazette du Canada, Partie II
Norton Rose Fulbright Canada LLP
In CanMar, the patentee contended that two elements of the claim at issue were non-essential.
Norton Rose Fulbright Canada LLP
A valid trademark registration is also a defence to a trademark infringement action.
Bereskin & Parr LLP
For the first time, the Supreme Court of Canada has addressed Crown copyright (i.e. when copyright will be deemed to belong to the Canadian government)
Bereskin & Parr LLP
In 2014, Canada's patent law was amended to comply with Canada's obligation under the Patent Law Treaty (PLT), but implementation required amending the Patent Rules.
Clark Wilson LLP
On September 26, 2019, the Supreme Court of Canada (the "Court") rendered its judgment in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43
Norton Rose Fulbright Canada LLP
The court held that foreign prosecution history is admissible in extraordinary circumstances under this provision.
Gowling WLG
As previously reported, Quebec companies that display a non-French trademark on outdoor signage in the absence of a French generic term, slogan...
Blaney McMurtry LLP
A patent file wrapper (also known as prosecution history) generally refers to the correspondence between the patent office and an applicant regarding why a patent should be granted
Bereskin & Parr LLP
Generic drug companies typically do not have patents. Occasionally they may have patents on a new formulation of an old drug.
McMillan LLP
In 2018[1][2] we reported on the Ontario Court of Appeal decision in Keatley Surveying. That decision dealt with the ownership of the copyright for plans of survey
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Oyen Wiggs Green & Mutala
There is currently keen interest amongst tech companies, investors, and research institutes in both artificial intelligence and blockchain technologies.
Clark Wilson LLP
Legal strategy can be like office space: what is "good" for one business can be completely inappropriate for others.
Smart & Biggar
In the global knowledge economy of the 21st century, governments are becoming aware of the importance of intellectual propertyand are putting in place strategies to encourage innovative businesses to invest in IP.
Norton Rose Fulbright Canada LLP
A valid trademark registration is also a defence to a trademark infringement action.
Minden Gross LLP
This afternoon, the Alcohol and Gaming Commission of Ontario ("AGCO") released its rules for its Cannabis Retail Store Licensing Expression of Interest Lottery (the "Lottery").
LexSage
We have had three files in the last year where an individual purchased an item online and it was seized as counterfeit at the border.
Norton Rose Fulbright Canada LLP
Earlier this year, the Federal Court awarded damages of $20 million for the unauthorized reproduction of obituaries online.
Oyen Wiggs Green & Mutala
Parody has been a fair dealing exception to copyright infringement in Canada since 2012.
Bereskin & Parr LLP
Canada's trademark system recognizes both unregistered and registered rights, but there are many well-recognized benefits to registration...
Clark Wilson LLP
The Supreme Court of Canada has dismissed an application for leave to appeal from the Federal Court of Appeal ("FCA")
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