IP Perspectives

Winter 2011

Amazon.com's victory chosen as LEXPERT's 2010 Canadian Business Case of the Year (Amazon.com successfully represented by Smart & Biggar)

We are pleased to announce that the Federal Court’s decision in Amazon.com, Inc. v. Commissioner of Patents, 2010 FC 1011 was recognized as 2010 Canadian Business Case of the Year, as reported in the January 2011 issue of LEXPERT magazine.

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Patent Prosecution Highway agreement with USPTO being extended

Effective January 29, 2011, the Patent Prosecution Highway pilot project between the Canadian Intellectual Property Office and the United States Patent and Trademark Office will be replaced by a Patent Prosecution Highway agreement for an indeterminate period.

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Update on enforcement tools for combating counterfeiting and piracy

Recent legislative activity, including passage of the Consumer Products Safety Act and consideration of copyright reform to implement the WIPO Internet Treaties, as well as Canada’s participation in the Anti-Counterfeiting Trade Agreement, may add to the tools available to combat IP crime in Canada.

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Disclaimers continue to have a use in Canadian trademark practice

While the policy of requiring disclaimers to be entered was largely discontinued by a Trademarks Office practice notice of August 15, 2007, it is necessary to remain aware of disclaimers for several reasons.

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Clarifying the scope of the good faith requirement in Canadian patent prosecution

The June 2010 decision of the Canadian Federal Court in Weatherford Canada Ltd. v. Corlac Inc., 2010 FC 602 may have clarified that the good faith requirement does not apply in the absence of an Examiner’s requisition.

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Rankings and recognitions

Firm dominates rankings in The 2011 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.

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François Guay has been named 2011 Intellectual Property Lawyer of the Year for Montreal by Best Lawyers.

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Firms’ professionals recognized in IAM Licensing 250 — The World’s Leading Patent and Technology Licensing Lawyers 2010.

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Smart & Biggar tops the rankings in Who’s Who Legal: Canada 2010.

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Firm dominates in The Best Lawyers in Canada®.

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Announcements

Smart & Biggar/Fetherstonhaugh welcomes new partner.

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Our firms are pleased to have welcomed eight new associates.

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Firms congratulate newest patent agent.

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Firm news

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Seminars and presentations

Learn more about our professionals’ most recent speaking engagements.

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Publications

Learn more about our professionals’ recent publications.

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Smart & Biggar

Contact information

To offer your feedback on this newsletter or any of its articles, please contact:

Elliott S. Simcoe (Editor)

Christine N. Genge (Editor)

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About Smart & Biggar/Fetherstonhaugh

With offices in Ottawa, Toronto, Montreal and Vancouver, Smart & Biggar/Fetherstonhaugh is Canada's largest firm practising exclusively in intellectual property and technology law. We have been repeatedly recognized as Canada's leading IP firm in numerous surveys of Canadian and international intellectual property law practitioners and litigators, and we are proud to work alongside the world's most innovative corporations and leading law firms to protect, exploit and litigate their IP rights in Canada. For more information on our firms, please click here.

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 the editors, Elliott S. Simcoe or Christine N. Genge. 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 Perspectives mailing list, be removed from the mailing list or make changes to contact information, please send an email to ipperspectives@smart-biggar.ca.

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