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.

David Schwartz elected President of the Intellectual Property Institute of Canada (IPIC) | December 22, 2014


Claim indefiniteness in Canada: an overview for U.S. practitioners | December 15, 2014


Canadian Combating Counterfeit Products Act passed into law | December 10, 2014


Health Canada liable for damages to Apotex for misfeasance in public office and negligence in review of Apo-Trazodone submission | December 5, 2014


Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations to address strict matching test for listing a patent for a single compound against a fixed-dose combination product | December 5, 2014


Changes to renewal terms for Canadian trademark registrations under Bill C-31 – Avoiding potential pitfalls | December 1, 2014


Competition considerations in IP settlement agreements | November 19, 2014


.quebec geographic gTLD ready for public launch | November 10, 2014


Court of Appeal permits Janssen to amend its plea, dissolves STELARA injunction and orders new trial | November 7, 2014


Children’s Hospital of Eastern Ontario (CHEO) seeks declaration of invalidity and non-infringement of Long QT syndrome gene patents | November 7, 2014


Protecting Canadians from Unsafe Drugs Act (Vanessa's Law) receives royal assent | November 7, 2014


After the U.S. Supreme Court Decision in Alice v CLS Bank: is it time for a combined North American approach? | November 6, 2014


Daphne Lainson discusses patent protection under the Comprehensive Economic and Trade Agreement (CETA) in the Canadian Bar Associations’ recent issue of National magazine | November 4, 2014


Canadian trademark registrations — Not just a tactical weapon in infringement proceedings | November 3, 2014


Parliament of Canada introduces Bill C-43: incorporating the Patent Law Treaty and the Hague Agreement Concerning the International Registration of Industrial Designs into Canadian law | October 28, 2014


The Patent Prosecution Highway continues to be a phenomenal success in Canada | October 21, 2014


China-Canada FIPA (中加投资保护协定) coming into force | October 15, 2014


Competition Bureau releases White Paper on Patent Litigation Settlements | October 10, 2014


Dow prevails over Nova in polymer patent suit | October 8, 2014


Important news for brand owners in Canada: trademarks and anti-counterfeiting legislation on the road to implementation | October 2, 2014


CETA text released: patent term restoration for pharmaceutical/biologic patents coming to Canada | September 29, 2014


Text of CETA released | September 29, 2014


CIPO-EPO building transatlantic bridge on the Patent Prosecution Highway | September 25, 2014


Canada signs first free trade agreement with an Asian nation | September 24, 2014


Smart & Biggar/Fetherstonhaugh welcomes new associates | September 17, 2014


Agreement Between the Government of Canada and the Government of the People's Republic of China for the Promotion and Reciprocal Protection of Investments | September 15, 2014


B.C. Supreme Court finds class action claim based on invalidation of Pfizer’s VIAGRA (sildenafil) patent discloses causes of action | September 8, 2014


The myriad of options for addressing misleading advertising and product labelling in Canada | September 2, 2014


Federal Court confirms that compelling evidence is needed to reject marks for falsely suggesting a connection with a living individual | August 26, 2014


Smart & Biggar/Fetherstonhaugh takes the ALS ice bucket challenge in memory of A. David Morrow | August 20, 2014


Incontestability of marks in the United States and Canada: a comparison of perspectives and purposes | August 15, 2014


Limelight v Akamai and indirect patent infringement in Canada | August 13, 2014


Text of CETA finalized — finally! | August 6, 2014


Diminishing concerns over uncertainty of trademark registrations based on foreign registration and use after filing | July 30, 2014


Succeeding in a trademark opposition by relying on the applicant's own evidence – the initial evidential burden in Canadian opposition proceedings | July 14, 2014


Allergan successfully obtains two prohibition orders re: bimatoprost | July 11, 2014


Still safe — The experimental use exception to anticipation | July 10, 2014


“Made in Canada” online copyright infringement regime coming into force | June 24, 2014


Federal Court finds PMPRB not to have jurisdiction over ratiopharm and Sandoz | June 23, 2014


Important — Significant changes to Canada's Trademarks Act now passed into law | June 20, 2014


Why you need to act now in view of Canada's upcoming trademark law changes | June 16, 2014


Do you actually own the IP generated by your Canadian employees? | June 16, 2014


How to obtain evidence from Canada: enforcing letters rogatory | June 3, 2014


Bill C-18 modernizes the Plant Breeders’ Rights Act | May 26, 2014


Teva awarded section 8 damages regarding ratiopharm-venlafaxine | May 23, 2014


Québec appeals the French Charter decision on public display of trademarks | May 13, 2014


Trademark licensing between closely related companies in Canada | May 8, 2014


Crowdfunding: managing patent risks created by public disclosure | April 30, 2014


Why all the Chatr? Substantiating performance claims in Canada | April 25, 2014


Recent developments in section 8 jurisprudence | April 17, 2014


Recent .ca domain name decision accepts broad interpretation of what constitutes a brand owner’s prior trademark “rights” in Canada | April 16, 2014


Retailers and the International Trademark Association prevail in Québec’s French Charter proceeding | April 10, 2014


Competition Bureau releases draft update of Intellectual Property Enforcement Guidelines | April 9, 2014


Federal Court confirms protection for colour trademarks in Canada | April 2, 2014


Canadian Government introduces extensive amendments to Trademarks Act in Economic Action Plan, 2014 | March 31, 2014


Smart & Biggar prevails in precedent setting trademark trial on behalf of Harley-Davidson | March 11, 2014


Federal Court grants prohibition Order regarding celecoxib against Mylan | March 6, 2014


Federal Court issues practice notice on experimental testing for the purpose of patent litigation | March 3, 2014


ISP ordered to release identity of 2000 subscribers to copyright holder in landmark ruling | February 25, 2014


Supreme Court in Robinson v Films Cinar Inc: protecting what lies between ideas and expression | February 20, 2014


Canadian Council of Professional Engineers fails to prevent registration of 'engineering' mark | February 19, 2014


The developing landscape for detaining counterfeit goods at the Canadian border | February 12, 2014


Prior use of an inaccessible invention: is it disclosure? | February 6, 2014


Supreme Court grants Apotex leave to consider PLAVIX patent for the second time | January 31, 2014


Litigants will be tickled pink: Ruling in Victoria's Secret v Thomas Pink promotes greater access to relief under Trademarks Act | January 30, 2014


Government of Canada tables five significant intellectual property law treaties | January 28, 2014


Basing a trademark application on registration and use outside of Canada – The landscape following Thymes | January 22, 2014


Health Canada and Federal Court make important biologic decisions | January 20, 2014


Canada amends Patent Rules regarding final actions | January 15, 2014


Apotex awarded section 8 damages regarding pantoprazole | January 14, 2014


Letters of consent in Canadian trademark practice | January 13, 2014


$10.5 Million in damages awarded by Federal Court of Canada for copyright infringement | January 8, 2014


 
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