Articles
Our professionals regularly report on new developments in all areas of intellectual property and technology law. Please select from our list of articles below.

To search for a particular subject, please use the search function located at the top right of the screen.

Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing applications | March 21, 2017


Mark Biernacki to speak at Osgoode Professional Development – The Practice Guide to Federal Court Advocacy & Practice 2017 | March 17, 2017


The Competition Bureau applies strict standards to retail price claims in Canada | March 13, 2017


Nintendo Awarded $12.7 million for Circumvention of Technological Protection Measures in Precedent-Setting Case | March 2, 2017


Understanding the similarities and differences between priority claims in Canada and the U.S. | February 28, 2017


Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement | February 21, 2017


CIPO shines spotlight on patenting in climate change mitigation technologies | February 14, 2017


Rare Interlocutory Injunction Issued by Federal Court in Trademark Case | February 10, 2017


New Date set for the Revision of Canada’s Trademark Law | February 8, 2017


Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case | February 7, 2017


Keeping those New Year's resolutions just got a little easier in Ontario | February 2, 2017


Keyword Advertising Decision Reversed on Appeal | January 30, 2017


Bill S-5: Canada Prepares to Introduce Plain and Standardized Packaging for Tobacco Products | January 23, 2017


Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld | January 16, 2017


Colourful designs and a streamlined practice get the green light in Canada | January 16, 2017


Canadian IP law and practice in 2016: reviewing the highlights | January 10, 2017


Smart & Biggar/Fetherstonhaugh announces new partners for 2017 | January 4, 2017


Canadian Trademarks Office Begins to Issue Nice Classification Notices | December 28, 2016


Smart & Biggar welcomes associates John Sparks and Franco Silletta | December 28, 2016


Online Copyright Enforcement Gone Wrong – How To Get it Right | December 21, 2016


Lights. Camera. Legal Action! – Jury finds iconic ‘Jersey Boys’ musical infringes copyright | December 12, 2016


CETA and IP Law Changes - Daphne Lainson weighs in | December 9, 2016


Protecting Your Harvest in Canada: Naming and Registering Plant Varieties | December 9, 2016


Ekaterina Tsimberis speaks at the University of Montreal, Centre de Recherche en Droit Public | December 2, 2016


Developing an effective Canadian patent filing strategy: Don’t let your U.S. continuation or continuation-in-part application give you continuing grief north of the border | November 30, 2016


Federal Court of Appeal opines on the framework for analyzing obviousness-type double-patenting | November 24, 2016


Matthew Zischka to speak at AIPPI Canada’s 2016 Annual Meeting | November 23, 2016


The State of IP in Canada | November 22, 2016


Elliott Simcoe to speak on Intellectual Property at CCCA Webinar on November 22, 2016 | November 17, 2016


Quebec announces coming into force of amendments to regulations regarding public display of non-French trademarks | November 16, 2016


George Elvira and Julien Verneau to speak at BioConnect Symposium - From Bench to Bedside | November 15, 2016


Supreme Court of Canada Reserves Decision on Utility of AstraZeneca's NEXIUM Patent | November 8, 2016


Donald Trump obtains initial victory defending Canadian lawsuit involving obligations of a licensor | November 4, 2016


Connect with Smart & Biggar’s delegates attending the International Trademark Association’s (INTA) 2016 Leadership Meeting | November 3, 2016


Bill C-30 to implement CETA tabled in Canadian Parliament: implications for pharmaceuticals | November 2, 2016


CETA Receives Approval - What IP owners need to know | October 31, 2016


Competition Tribunal weighs ‘abuse of dominant position’ provision against privacy and copyright protection | October 28, 2016


FCA finds Minister reasonable: cross-referenced drug submissions did not trigger section 5 of the PMNOC Regulations absent early working | October 27, 2016


Connect with Smart & Biggar’s delegates attending the American Intellectual Property Law Association (AIPLA) 2016 Annual Meeting | October 26, 2016


Yoon Kang, Gunars Gaikis, and Sheldon Hamilton to speak at The Canadian Institute’s – 13th Forum on Pharma Patents | October 25, 2016


Gunars A. Gaikis to speak at C5’s Life Sciences IP Summit 2016 | October 18, 2016


Leading lawyer Norm Bacal joins Smart & Biggar as Co-Chair, IP Strategy | October 11, 2016


Where IP intersects with competition law | October 4, 2016


Canadian Thanksgiving, cranberry sauce, and the deadline to file a divisional patent application in Canada | September 29, 2016


Bayer prevails in drospirenone/ethinyl estradiol infringement action against Apotex and Cobalt | September 26, 2016


Mark Evans and Philip Lapin to speak at IPIC’s 90th Annual Meeting | September 23, 2016


How to choose and vet an expert witness in patent cases | September 23, 2016


Ekaterina Tsimberis, a speaker at the 2016 International Wine Law Association/AIDV Conference | September 16, 2016


Canadian Federal Court of Appeal denies third party intervention in appeal of Trademark challenge | September 14, 2016


Three associates add Patent Agent to their qualification | September 12, 2016


Dow prevails over Nova in appeal of polymer patent suit | September 8, 2016


Smart & Biggar welcomes five new associates | August 29, 2016


Official marks can be challenged by judicial review | August 25, 2016


Domain name solicitation fraud – brand owners beware | August 3, 2016


Tamara O’Connell awarded the IPIC prize for the highest overall mark in the 2015 Canadian Patent Agent Examination | August 3, 2016


Congratulations to Gunars Gaikis on being named the 2017 Biotechnology Law “Lawyer of the Year” in Toronto by Best Lawyers | August 2, 2016


Smart & Biggar's Toronto office has moved | July 28, 2016


Federal Court prohibits issuance of NOC to Teva for atazanavir sulfate, prior genus patent does not anticipate compound claim | July 27, 2016


Commissioner’s Decision clarifies support requirements for humanized antibodies, signalling change in CIPO practice | July 21, 2016


The top ten reasons to register your brand in Canada. Now! | July 14, 2016


Playing by the rules – Ambush marketing and the Olympic Games | July 6, 2016


Reasons to register industrial designs in Canada | June 29, 2016


Patent and trademark agent privilege recognized | June 22, 2016


Competition Bureau alleges that proudly Canadian company Moose Knuckles may not be so Canadian | June 16, 2016


Federal Court of Appeal overturns Teva’s venlafaxine section 8 award for improper reliance on hearsay evidence | June 14, 2016


Federal Court grants Janssen close to $20 million against Teva for infringement of levofloxacin patent | June 14, 2016


Timothy Stevenson to speak at the International Legal Alliance Summit Awards 2016 | June 14, 2016


Canadian Intellectual Property Office conducting consultations on the proposed changes to current trademark and patent fees | June 10, 2016


Federal Court issues interlocutory injunction directed at retailers of set-top boxes loaded with copyright infringing applications | June 7, 2016


The intersection between the Precious Metals Marking Act and the Trademarks Act in Canada: marking of precious metal articles | June 1, 2016


Managing & leveraging intellectual property: reasons to pursue patent protection in Canada | May 27, 2016


The Canadian Competition Bureau releases revised Intellectual Property Enforcement Guidelines | May 18, 2016


Federal Court of Appeal clarifies test for double-patenting | May 12, 2016


Quebec proposes amendments to regulations regarding the public display of non-French trademarks | May 9, 2016


Mark Evans and Matthew Zischka to speak at CPDonline’s inaugural Business Law and Legal Issues Facing Finance Professionals conference | May 3, 2016


Federal Court permits quia timet infringement claim to proceed | April 14, 2016


Strategies for protecting your brand from trademark trolls in Canada | April 7, 2016


Competition Bureau releases updated Intellectual Property Enforcement Guidelines | April 1, 2016


Federal Court holds issued patent valid despite erroneous issue fee payment | March 31, 2016


 
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