IP Connections

''Open source'' licensing: No free lunch

Google's Android operating system, used on an estimated 400 million mobile devices worldwide, and Mozilla's Firefox web browser, which accounts for about a quarter of web usage worldwide, have both achieved their enviable market positions while using "open source" licences. While open source success stories grow ever more numerous, companies should be aware of the risks associated with open source licences.

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Demystifying patent litigation: An overview of the procedures, cost and pace of patent litigation in Canada

To the uninitiated, patent litigation may seem daunting — its procedures complex, its costs prohibitive and its duration interminable. As this article shall seek to demonstrate, however, these concerns may be misguided. In fact, in many cases patent litigation in Canada can be a relatively straightforward, cost-effective and expeditious way of securing and defending hard-fought patent rights and advancing business objectives.

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Using brand extension to increase your bottom line

Although brand extension is not without risks, with the proper approach, counselling and strategy, brand extension can be an effective way to increase revenues and grow brand value. This article discusses two traditional approaches to brand extension from a trademark owner's perspective.

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Reverse confusion: It's still confusion when the tables are turned

What happens when a small, relatively unknown company has been using a trademark for many years, and a big corporation with a large advertising budget enters the marketplace with a confusingly similar trademark and inundates the public with a massive marketing campaign for their new trademark? The result may be "reverse confusion."

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Patent protection for a new use of a known compound

How can new uses for a known compound be protected? How should methods of medical treatment be protected in Canada and Europe? These questions are particularly relevant for companies that wish to maximize the scope of intellectual property rights that are available for innovations in the fields of medicine, health care and pharmaceuticals.

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RECENT DEVELOPMENTS IN BRIEF

U.S. Copyright Office keeps its karma in check
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It's not over till it's over — correction of clerical errors in the payment of patent maintenance fees
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New York appeal court reverses ruling on red-soled shoes
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More provisions of the America Invents Act (AIA) come into effect
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RANKINGS AND RECOGNITIONS

Smart & Biggar/ Fetherstonhaugh is proud to have been recognized with four prestigious awards by the U.K. publication Managing Intellectual Property
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Smart & Biggar/ Fetherstonhaugh tops the rankings in The Best Lawyers in Canada®
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Gunars A. Gaikis, J. Christopher Robinson and Steven B. Garland named "Lawyers of the Year" by Best Lawyers
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Firm dominates in IAM Patent 1000 – The World's Leading Patent Practitioners 2012
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Firm recognized in PLC's IP in Business Transactions multi-jurisdictional guide
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Firm tops the rankings in Euromoney's Guide to the World's Leading Trade Mark Law Practitioners
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Smart & Biggar/ Fetherstonhaugh dominates the rankings in IP law in the 2012 edition of The Canadian Legal Lexpert® Directory
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DISCLAIMER

The preceding is intended as a timely update on Canadian intellectual property law. To request a copy of any decision, paper or legislative document, or for more detailed information or to make suggestions, kindly contact an author of the relevant article or Keltie R. Sim. The contents of this newsletter are informational only and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly. To join the IP Connections mailing list, be removed from the mailing list or make changes to contact information, please send an email to ipconnections@smart-biggar.ca.

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