Posts Tagged: Canada


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
3 years 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
3 years 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
3 years 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
3 years 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
3 years 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
3 years 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
3 years 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
3 years 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
3 years 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
4 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
4 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
6 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 …

Northern Exposure: Pfizer Canada’s Viagra® Patent Invalidated

The Supreme Court of Canada rendered a decision on November 8, 2012 effectively canceling Viagra® Canadian patent a year and a half before its natural expiration date. This ends …
By France Côté
7 years ago 1

Google Settles Copyright Dispute with Belgian Newspaper

This case started back in 2006, when the newspaper publishers took Google to court, stating that the popular search engine was infringing on their copyright. They had been …
By Corinne Kerston
7 years ago 0