Posts Tagged: Canada


USTR: Counterfeit and pirated physical products valued at nearly half a trillion dollars

According to the Office of the United States Trade Representative, imports of counterfeit and pirated physical products are valued at about half a trillion dollars, or about 2.5 …
By Steve Brachmann
15 days ago 2

Renegotiate NAFTA to Make it the Gold Standard in IP Protection

As President Trump embarks on the renegotiation of NAFTA, it is critical that we seize the opportunity to make it the gold standard in intellectual property rights …
By Dr. Kristina Lybecker
4 months ago 3

Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is …
By Robert Tremblay
6 months ago 0

Supreme Court of Canada rules on Promise Doctrine in favor of Pharma Patent Owners

The Supreme Court of Canada issued a ruling in AstraZeneca Canada Inc. v. Apotex Inc., which gives patent owners a far greater ability to protect their intellectual …
By Steve Brachmann
8 months ago 1

President-Elect Trump Says the TPP is Dead, but What Now for IP?

President-Elect Donald Trump has announced that he will withdraw the United States from the Trans-Pacific Partnership (TPP) agreement on his first day in office. So ends more …
By Sirena Rubinoff
1 year ago 1

Don’t settle for less: Maximizing patent protection in Canada

Another unnecessary limit that US applicants almost always impose on themselves is in the number of claims. In Canada, there are no extra claim fees. As we …
By Manuel Fortin
1 year ago 1

Canada is underestimated as a patent filing country for US applicants

Even with its relatively small population, Canada is the largest export market for the US, with about 200 billion dollars worth of exports each year. Exporting to Canada …
By Manuel Fortin
1 year ago 1

Canada’s Promise Doctrine Should Be a Warning to America

A recent Canadian survey (CRA Survey) has conclusively attributed lowered levels of R&D investment in Canada’s innovation ecosystem to the country’s unique judicial “Promise …
By Chris Gallagher
1 year ago 11

Plain confectionery packaging a heavy-handed response to health concerns

Legislating for tobacco-style plain packages for confectionery is a disproportionate response to the obesity crisis and strips companies of valuable trademarks, writes the Institute of Economic Affairs' …
By Christopher Snowdon
1 year ago 5

The China Syndrome: How recent developments in Chinese patents affect U.S. applicants

Chinese patents and patent applications are citable as prior art in most Western countries if they meet the usual criteria regarding publication dates of the cited patent …
By Manuel Fortin
1 year ago 7

Trader Joe’s and Extraterritorial Application of the Lanham Act

Trader Joe’s sued Hallatt (d/b/a Pirate Joe’s) for trademark infringement in the Western District of Washington, invoking the court’s federal question and …
By Brian Focarino
1 year ago 1

Protection of Official Names of States and Prevention of their Registration and Use as Trademarks

Protection of the official names of States and prevention of their registration and use as trademarks have been the focus of attention of the Standing Committee on …
By Olga Kreshchenko
2 years ago 0

Minimizing costs while ensuring foreign patent maintenance fees are timely paid

A few years ago, a clearly irritated client asked me why European maintenance fees were so expensive. Apparently, he had consulted the EPO schedule of fees and …
By Manuel Fortin
2 years ago 4

A NAFTA Challenge to Canada’s Patent Utility Doctrine is Necessary

Canada is not the first country that comes to mind as a threat to U.S. trade. After all, Canada is our largest goods trading partner, with $632 …
By John McDermid
4 years ago 17

Canada’s Copyright Modernization Act Comes Into Effect

After receiving Royal Assent on June 29, 2012, the provisions of Bill C-11 came into force on November 7, 2012. Titled the Copyright Modernization Act, it has garnered the nickname “Canada's …