SMART & BIGGAR/FETHERSTONHAUGH is Canada's largest and highest-ranked firm practising exclusively in intellectual property and technology law. Our experience is unmatched and our goal is unwavering: to provide our clients with UNPARALLELED IP®.
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  • profile The promised utility doctrine: represented by Smart & Biggar, the Supreme Court of Canada has granted leave to hear AstraZeneca’s appeal in the Nexium case

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FIRM NEWS
LEGAL DEVELOPMENTS
The Canadian Competition Bureau releases revised Intellectual Property Enforcement Guidelines

by Andrea Kroetch
The Competition Bureau has recently released a revised version of its Intellectual Property Enforcement Guidelines. The Guidelines describe the Bureau’s approach to conducting investigations under the Competition Act in respect of anti-competitive activities that relate to intellectual propert

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Federal Court of Appeal clarifies test for double-patenting

by Kevin Siu
On April 20, 2016, the Federal Court of Appeal issued its decision in Mylan Pharmaceuticals ULC v Eli Lilly Canada Inc, 2016 FCA 119, a case relating to tadalafil (Eli Lilly’s CIALIS). In dismissing the appeal, the Court of Appeal clarified the test for obviousness-type double patenting and addresse

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Quebec proposes amendments to regulations regarding the public display of non-French trademarks

by Christian Bolduc
In recent years, the Office québécois de la langue française (“OQLF”) and the Quebec Government have unsuccessfully tried to force owners of non-French trademarks to add descriptive language in French to their public signs displaying non-French trademarks, even though the regulations under th

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Federal Court permits quia timet infringement claim to proceed

by Abigail Smith The test for sustaining a patent infringement action based on quia timet patent infringement (i.e. a claim based on likely future infringement) requires that the claim allege a deliberate expressed intention to engage in activity the result of which would raise a strong possibility of infringement

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Strategies for protecting your brand from trademark trolls in Canada

by Nicole Vidinu
Are trademark trolls a threat to brand owners in Canada? With significant amendments to the Canadian Trademarks Act on the horizon in light of Bill C-31, and in particular the upcoming elimination of the requirement to claim or declare use of a mark before obtaining a registration, these legisla

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RANKINGS & RECOGNITION
Smart & Biggar's Nancy Pei chosen as one of the Top 250 Women in IP

We are pleased to announce that Nancy Pei is one of only seven women in Canada chosen as one of the Top 250 Women in IP by Managing Intellectual Property’s IP Stars list of the Top 250 Women in IP for 2016.

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Smart & Biggar partners ranked as top intellectual property lawyers by World IP Review Leaders

World IP Review Leaders is a new, comprehensive guide to the top intellectual property lawyers in the areas of patents and trademarks across the globe.  We are delighted to announce that ten members of the Smart & Biggar team have been included in this guide: Christian Bolduc Mark Evans Ronald Faggetter

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Smart & Biggar/Fetherstonhaugh honoured by Managing Intellectual Property as both the "Canadian Specialty IP Firm of the Year" and the "Canadian Trademark Contentious Firm of the Year"

Smart & Biggar/Fetherstonhaugh is proud to have been recognized with two prestigious awards by the UK publication Managing Intellectual Property (MIP). The firm was chosen as the 2016 Canadian Specialty IP Firm of the Year and as the Canadian Trademark Contentious Firm of the Year. The awards were presented at MIP

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Smart & Biggar/Fetherstonhaugh honoured as one of only two Canadian firms selected as a ‘Band One’ firm in Canadian intellectual property law in the 2016 Edition of Chambers Global — The World's Leading Lawyers for Business

Smart & Biggar/Fetherstonhaugh has once again been honoured by the highly regarded legal directory, Chambers Global 2016, by receiving a ranking in 'Band One' in the category of Intellectual Property — the highest ranking given to firms by the directory. Smart & Biggar/Fetherstonhaugh is proud to be one of only two Can

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Smart & Biggar tops the Canadian patent rankings in Managing Intellectual Property’s 2016 IP Stars Handbook: Patents

Smart & Biggar has once again earned the top ranking as a Tier One firm in the areas of patent contentious and patent prosecution in Managing Intellectual Property's 2016 IP Stars Handbook: Patents. The firm is proud to be one of only two Canadian firms to receive this prominent recognition in both categories. This is

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