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Searching Content from Canada indexed under Intellectual Property ordered by Published Date Descending.
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1
SCC Clarifies Scope Of Crown Copyright
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.
Canada
16 Oct 2019
2
Gare aux fantômes et aux gobelins — D'importants changements dans la pratique en matière de brevets au Canada entreront en vigueur le 30 octobre 2019
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
Canada
15 Oct 2019
3
Federal Court Relies On Foreign Prosecution History In First Application Of File Wrapper Estoppel
In CanMar, the patentee contended that two elements of the claim at issue were non-essential.
Canada
15 Oct 2019
4
No Damages Without Invalidation Ab Initio – A Look At Wenger SA v Travelway Group International Inc
A valid trademark registration is also a defence to a trademark infringement action.
Canada
11 Oct 2019
5
Crowning Copyright – When Copyright Works Are Deemed To Belong To The Government
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)
Canada
11 Oct 2019
6
A Practical Guide To The Transition To Canada's New Patent Act And Rules Part V
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.
Canada
11 Oct 2019
7
Render Unto Caesar: Supreme Court Of Canada Issues First Decision Considering The Scope Of Crown Copyright
On September 26, 2019, the Supreme Court of Canada (the "Court") rendered its judgment in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43
Canada
10 Oct 2019
8
The Flax And The Foreign: US Prosecution History In File Wrapper Estoppel
The court held that foreign prosecution history is admissible in extraordinary circumstances under this provision.
Canada
9 Oct 2019
9
Businesses Have Until November 24 To Put Their French Face Forward
As previously reported, Quebec companies that display a non-French trademark on outdoor signage in the absence of a French generic term, slogan...
Canada
9 Oct 2019
10
Canadian Federal Court Applies File Wrapper Estoppel In Claim Construction
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
Canada
8 Oct 2019
11
Canadian Drug Price Review Of Generic Companies Holding Patents
Generic drug companies typically do not have patents. Occasionally they may have patents on a new formulation of an old drug.
Canada
8 Oct 2019
12
Now We Know Who Owns The Copyright In A Registered Plan Of Survey
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
Canada
7 Oct 2019
14
Damages After Expungement
In November of 2017 we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court referred two issues to the trial Judge.
Canada
4 Oct 2019
15
Death By A Thousand Cuts
A recent decision of the Federal Court expunged the registration of a trademark on the grounds the mark was not distinctive at the time the proceedings were brought ...
Canada
4 Oct 2019
16
When Is Online Use Of A Mark Trademark Use?
A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context.
Canada
4 Oct 2019
17
The Application Of The Reasonableness Standard
A recent decision of a judge of the Federal Court allowed an appeal from a decision of the Hearing Officer of the Trademark Opposition Board,...
Canada
4 Oct 2019
18
A Practical Guide To The Transition To Canada's New Patent Act And Rules Part IV
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. The Patent Rules have now ...
Canada
4 Oct 2019
19
Patentees Beware: Federal Court Rules Foreign Patent File Histories Could Come Back To Haunt You
On Sept. 25, 2019, the Federal Court of Canada released its first decision interpreting the scope of new section 53.1 of the Patent Act.
Canada
4 Oct 2019
20
Parody Cannot Be Relied On As A Defence To Copyright Infringement If It Causes Marketplace Confusion
Parody has been a fair dealing exception to copyright infringement in Canada since 2012.
Canada
3 Oct 2019
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