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.

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Smart & Biggar succeeds in Court of Appeal in relation to use and non-abandonment of trademark | December 19, 2012


Trademark displayed on website accessed in Canada constitutes “use” | December 14, 2012


Evergreen IP — Patenting clean energy technologies | December 7, 2012


Counterfeit luxury products: not simply a question of trademark infringement | December 5, 2012


From iTunes to the classroom — The Supreme Court of Canada cements fair dealing as a “user’s right” | December 5, 2012


Circumvention of Technological Protection Measures (TPMs) prohibited | December 5, 2012


Recent decisions provide guidance for the determination of whether a representation in an advertisement is misleading | December 5, 2012


Federal Court interprets ambiguous licensing terms in favour of common usage in licensee’s industry | December 5, 2012


Daphne Lainson named among Canada’s Leading Lawyers Under 40 | December 4, 2012


VIAGRA litigation: an update | December 3, 2012


Christine Genge to moderate IPIC's November 30th webinar on industrial design protection and enforcement | November 27, 2012


Copyright Modernization Act sections now in force | November 20, 2012


Patent protection of new plant varieties | November 14, 2012


The not-so-funny side of parody | November 14, 2012


A few words on designing a trademark | November 14, 2012


Canada: Our home and innovative land | November 14, 2012


IP Connections recent developments in brief — November/December 2012 | November 14, 2012


James D. Kokonis honoured as a Member of Distinction by the Intellectual Property Institute of Canada (IPIC) | November 8, 2012


Supreme Court of Canada: VIAGRA patent "void" for insufficient disclosure | November 8, 2012


Federal Court decides Apotex’s claim for section 8 alendronate damages | November 6, 2012


Smart & Biggar prevails in precedent-setting case as Court declares Bodum's industrial designs invalid | November 2, 2012


John Bochnovic elected President of the International Association for the Protection of Intellectual Property (AIPPI) | October 26, 2012


Smart & Biggar prevails in another precedent setting anti-counterfeiting decision | October 24, 2012


Gunars Gaikis and Sheldon Hamilton to participate in The Canadian Institute's 11th Annual Forum on Pharma Patents | October 12, 2012


Federal Court of Appeal upholds invalidity of olanzapine selection patent | October 5, 2012


Bristol-Myers Squibb obtains Order of prohibition against Mylan regarding efavirenz | October 5, 2012


Smart & Biggar's Michael D. Manson Appointed Judge of the Federal Court of Canada | October 5, 2012


Canadian Patent Law Update published in Managing Intellectual Property | September 25, 2012


Patent protection for a new use of a known compound | September 20, 2012


''Open-source'' licensing: No free lunch | September 20, 2012


Demystifying patent litigation: An overview of the procedures, cost and pace of patent litigation in Canada | September 20, 2012


IP Connections recent developments in brief — September/October 2012 | September 20, 2012


Reverse confusion: It's still confusion when the tables are turned | September 20, 2012


Using brand extension to increase your bottom line | September 20, 2012


Smart & Biggar/Fetherstonhaugh welcomes new associates | September 20, 2012


Sheldon Hamilton and Colin Ingram to speak on Canadian patent litigation issues at the Benchmark Canada Cross-Border Forum | September 11, 2012


Supreme Court to consider validity of Ontario Regulations prohibiting private-label drugs | September 5, 2012


Firm congratulates newest patent agents | August 14, 2012


Sandoz's allegations of non-infringement successful regarding fenofibrate formulation patents | August 9, 2012


More effective protection for pharmaceuticals | July 25, 2012


Re:Sound v Motion Picture Theatre Associations of Canada | July 17, 2012


Society of Composers, Authors and Music Publishers of Canada v Bell Canada | July 17, 2012


Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada | July 17, 2012


Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada | July 17, 2012


Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) | July 17, 2012


The innovator's guide to summer | July 17, 2012


To mark or not to mark your products | July 17, 2012


Declining brands — How to revive them and why it's worth it | July 17, 2012


Why not designs? | July 17, 2012


IP Connections recent developments in brief — July/August 2012 | July 17, 2012


"Pinning" down intellectual property rights on scrapbooking websites | July 17, 2012


Philip Morris' no-name product infringes Imperial Tobacco's MARLBORO mark | July 5, 2012


Federal Court issues prohibition Order despite finding allegation of obviousness justified | July 4, 2012


Copyright Modernization Act receives Royal Assent | July 4, 2012


Court rules on first-ever trademark infringement proceeding brought by way of application | June 28, 2012


Trademarks Office news — June 2012 | June 28, 2012


CoreLogic, Inc. v. MLXjet Media Corp. | June 28, 2012


385229 Ontario Ltd. v. ServiceMaster Company | June 28, 2012


Spirits International B.V. v. BCF S.E.N.C.R.L. and Registrar of Trademarks | June 28, 2012


CADILLACXTS.CA – General Motors LLC v. Tony Wilson | June 28, 2012


JOBRAPIDO.CA – Jobrapido, S.r.l. v. Jonathan Langue | June 28, 2012


Richard v. Time Inc. | June 28, 2012


Skipper Online Services (SOS) Inc. v. 2030564 Ontario Inc. | June 28, 2012


Speaking engagements, presentations and publications of Smart & Biggar professionals | June 25, 2012


Federal Court invalidates all but a single claim for failure to meet promises in mechanical patent | June 25, 2012


The one-year grace period for patent filing in Canada: An overview for U.S. practitioners | June 25, 2012


Kaboom! Sound marks are now registrable in Canada | June 25, 2012


Limitation on the scope of the good faith requirement in Canadian patent prosecution upheld on appeal | June 25, 2012


Significant amendments proposed to Canada's Trademarks Regulations | June 25, 2012


The Ontario Court of Appeal expands Canadian privacy law | June 25, 2012


ICANN reveals new gTLD applications | June 13, 2012


Subsequent-entry biologic patent litigation commences in Canada | June 5, 2012


Federal Court releases first decisions assessing damages under section 8 of the PM(NOC) Regulations | June 5, 2012


Sound marks: A Canadian renaissance | May 18, 2012


Patent middlemen: Helping owners make cents of their patents | May 18, 2012


Fighting back against the "trademark bullies" | May 18, 2012


IP Connections recent developments in brief — May/June 2012 | May 18, 2012


Patent protection for medical inventions in various jurisdictions | May 18, 2012


How to ensure your ownership in copyright | May 18, 2012


In fond memory of Nicholas Fyfe, Q.C. | May 2, 2012


John W. Knox elected Vice-President of FICPI Canada | May 2, 2012


Smart & Biggar/Fetherstonhaugh welcomes new associates | April 25, 2012


Federal Court of Appeal upholds prohibition Order for anastrozole | April 18, 2012


Daphne C. Lainson receives the Ottawa Businesswoman of the Year award | April 13, 2012


Industries Lassonde Inc. v. Oasis D'Olivia Inc. | April 5, 2012


Blake, Cassels & Graydon LLP v. Canadian Western Bank | April 5, 2012


TWENGA.CA - Twenga, S.A. v. John Doe | April 5, 2012


The Commissioner of Competition v. Yellow Page Marketing B.V. et al | April 5, 2012


The effect of innocent misstatements on the validity of trademarks | April 5, 2012


Yellow Fence Rentals Inc. v. India Steel & Fence Rental Ltd. | April 5, 2012


Blake Cassels & Graydon LLP v. Country Fresh Enterprises Inc. | April 5, 2012


Ontario Teachers' Pension Plan Board v. Canada (Attorney General) | April 5, 2012


Federal Court of Appeal upholds Order of prohibition for Pfizer's donepezil | April 4, 2012


Kaboom! Sound marks are now registrable in Canada | March 29, 2012


Canadian contests – what you need to know | March 21, 2012


Rx for your trademark – adding distinctiveness to register your brand | March 21, 2012


When looks matter: Trade dress protection in Canada | March 21, 2012


Managing the minefield of pending patent applications | March 21, 2012


Patenting the user experience in software innovations | March 21, 2012


IP Connections recent developments in brief — March/April 2012 | March 21, 2012


Significant amendments proposed to Canada's Trademarks Regulations | March 12, 2012


Daphne C. Lainson recognized as a finalist for the Businesswoman of the Year Award | March 8, 2012


Data protection granted for THALOMID | March 6, 2012


Supreme Court clarifies access to information principles | February 9, 2012


Quebec launches French Charter awareness campaign that impacts display of non-French trademarks on signage | February 8, 2012


Mövenpick Holding AG v. Exxon Mobil Corporation and Attorney General (Registrar of Trademarks) | February 8, 2012


Head Technology GmbH v. Jimmy Tees inc. | February 8, 2012


BBY Solutions, Inc v. Brick Warehouse LP | February 8, 2012


Clic International Inc. v. Convenience Food Industries (Private) Limited and The Registrar of Trademarks | February 8, 2012


McCallum Industries Limited v. HJ Heinz Company Australia Ltd. | February 8, 2012


SUNBRELLA.CA – Glen Raven Inc. v. Tomislav Kotarac | February 8, 2012


Canadian expungement proceedings | February 8, 2012


Reinventing the wheel, and other patents for improvements | January 19, 2012


Patent ownership issues: making sure you own what you think you own | January 19, 2012


Canada and the duty of candour: Corlac Inc v. Weatherford Canada Ltd, 2011 FCA 228 | January 19, 2012


Thirsty for some BEER BEER? Drawing the line between a registrable trademark and a descriptive trademark | January 19, 2012


IP Connections recent developments in brief — January/February 2012 | January 19, 2012


Federal Court finds PLAVIX patent invalid | January 16, 2012


Court of Appeal finds Merck liable under 1998 version of section 8 regarding lovastatin and remits case back to Trial Judge | January 16, 2012


Smart & Biggar/Fetherstonhaugh welcomes new partner | January 4, 2012


 
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