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Canadian Patentees are Presumptively Entitled to the Remedies of an Accounting of Profits and a Permanent Injunction

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits...more

A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural...

On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office (WIPO) announced that member states, including Canada, had agreed to a new Treaty on Intellectual Property, Genetic Resources and...more

Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified...more

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

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