Trademark protection for the shape and colour of pharmaceutical products remains elusive. Even if the appearance of a tablet or inhaler is unique, a trademark registration will be rejected without evidence that physicians,...more
In Canada, the losing party pays the winner’s litigation costs. For years, costs awards were assessed in accordance with a tariff and were generally inadequate. The Federal Court's recent trend in awarding lump sum costs...more
This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines formalize trial...more
An infringer's liability to compensate a patent owner may not end when the patent expires. The Federal Court has made a novel award of "springboard" profits, requiring an infringer to account for profits it made even after...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
Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use them—or face a substantial...more
Good evidence wins cases. In a trademark opposition, evidence demonstrating how and for how long a mark has been used in commerce (for example, on hangtags, labels, packaging, signage, invoices and online platforms) can be...more
Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine,...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
Changes affecting the approval of medical devices are coming. On May 6, 2015, Health Canada released a draft List of Recognized Standards for medical devices for stakeholder consultation.
The consultation period is open...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
In a unanimous decision, the Supreme Court of Canada has provided valuable guidance to patent agents and litigators as to how Canadian patents will be read and enforced (Teva Canada Limited v Pfizer Canada Inc, 2012 SCC...more
11/13/2012