Intellectual Property Intellectual Property

Federal Court ruling exposes difficulty of reversing Health Canada scientific decisions

On February 1, 2017, the Federal Court of Canada upheld Health Canada’s denial of approval of a generic hormone replacement product (progesterone)...

Industrial design protection becomes more animated and colourful in Canada

The CIPO has announced six new office practices aimed at improving service to stakeholders, applicants and practitioners alike by aligning Canadian...

First-ever judgment on Canadian information technology patent signals caution for owners of broad patents

In January 2017, the Federal Court found in MediaTube v Bell that Bell’s IPTV does not infringe a Canadian patent, signalling to information...

Federal Court of Appeal simplifies the standard of review of prothonotary decisions

A five-judge panel of the Federal Court of Appeal has abandoned the so-called Aqua-Gem standard of review of the discretionary decisions of...

Privilege for patent and trademark agents now in force in Canada

This new statutory privilege represents a significant improvement to Canada's intellectual property regime. Learn more.

Federal Court continues to breathe life into motions to dismiss proceedings under the Patented Medicines (Notice of Compliance) Regulations

In amended reasons released on May 26, 2016, the Federal Court in Janssen Inc. v. Celltrion Healthcare Co. Ltd. granted a motion to dismiss an...

$125-million pharmaceutical damages award undone by hearsay rule

The Court questioned Teva’s ability to supply the market due to its reliance on inadmissible hearsay evidence. The judgment is expected to have...

Federal Court limits number of experts to five per side for all phases of a proceeding

This ruling, which may still be appealed, may lower litigation costs in more complex proceedings, but it will require parties to select and marshal...

Revised Intellectual Property Enforcement Guidelines clarify the Competition Bureau’s approach in IP matters

Last week, the Competition Bureau released revised Intellectual Property Enforcement Guidelines after engaging in a lengthy consultation period based...

Drug Licensees Subject To Federal Price Regulation In Canada – Law360

Canada has long regulated the price of patented pharmaceutical products with the intent to protect consumers from excessive prices. In recent years,...