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Stakeholder Consultation on Food Labeling

Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce. While the...more

Canadian Patents, Trademarks, and Industrial Designs: Final Extension of Deadlines in Response to the COVID-19 Pandemic

In response to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has extended many (but not all) patent, trademark, and industrial design deadlines that ordinarily fall in a period beginning on March 16,...more

Health Canada Provides Update to Cannabis Licence Holders on Temporary COVID-19 Relief Measures

On April 30, 2020, Health Canada announced the extension of temporary relief measures, initially announced on March 24, 2020, for Canadian licence holders in connection with the COVID-19 pandemic, as well as some new...more

COVID-19 Medical Devices: Fast-Tracking Authorizations

As a result of the COVID-19 pandemic, protective medical equipment including masks and gowns, and medical devices for use in testing and treating COVID-19 patients are in high demand. Manufacturers of these medical devices...more

COVID-19: What Deadlines Apply for the Protection of Intellectual Property Rights Now

Among the many matters the COVID-19 outbreak has disrupted, it has become more challenging for some IP-owners to abide by the strict procedures and deadlines for protecting their intellectual property rights, including...more

FTC Crackdown on Health Claims for CBD Products and the Canadian Side of the Story

The U.S. Federal Trade Commission (FTC) announced last week it had sent warning letters to three companies advertising cannabidiol products with unproven claims that their products were able to treat or cure serious ailments...more

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property. In the first, the Ontario Court of Appeal determined who owned copyright in land surveys deposited with...more

Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

Equip: IP Litigation Case of the Week - Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if...more

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

Equip: IP Litigation Case of the Week - The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation...more

Pharma and Biologic Disputes in Canada – New Regulations Take Effect September 21, 2017

Pharma and biologics manufacturers will soon have big decisions to make regarding their pharmaceutical and biological product strategy in Canada. On September 6, 2017, the Governor General in Council, on recommendation of the...more

Stand and Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births

A single product can, in some circumstances, attract more than one form of intellectual property (IP) protection. For example, if functioning as an indicator of source, a product itself can attract trademark protection while...more

AT&T's GO PHONE Trademark Registration Saved by Roaming Services Offered in Canada

A recent decision involving an AT&T trademark demonstrates how the global reach of technology businesses can sometimes result in a blurring of markets and make documentation of trademark use in Canada difficult to retrieve...more

The Best Defence Is a Good Offence: How to Get Rid of Threatening Trademark Registrations

In Ontario cottage country, locals have been confronted with the registration of the trademark HALIBURTON, the name of the county in which they operate. The registration may threaten uses made by other businesses in the area....more

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more

Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation

The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines (Notice of...more

University's Infringing Reproductions Fall Short of Fair Dealing

The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from infringement. To avoid...more

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, and a competing...more

Tips to Set Your Business up for Successful IP Litigation

Delay in asserting IP rights can be detrimental to obtaining quick injunctive relief, and evidentiary gaps can make your case a non-starter. It is therefore important for a business to be prepared to advance claims against...more

US Supreme Court Ruling on Exhaustion of Patent Rights is Welcome News for Canadian Exporters of Refurbished Goods

In the United States, once a patentee has sold its product—whether domestically or internationally—its patent rights in that product are exhausted; the patentee can no longer use patent law to control refurbishing or resale...more

Evidence of Actual Confusion Is Not Determinative in Trademark Infringement Cases

To succeed in a trademark infringement case, a plaintiff must prove a likelihood of confusion—that a casual consumer would likely be confused into thinking the source of the defendant's products or services is the same as or...more

Unique but Not Distinctive–Colour and Shape Trademark Applications Rejected for Asthma Inhalers

Trademark protection for the shape and colour of pharmaceutical products remains elusive. Even if the appearance of a tablet or inhaler is unique, a trademark registration will be rejected without evidence that physicians,...more

Higher Costs Awards for the Winning Party in Federal Court IP Cases

In Canada, the losing party pays the winner’s litigation costs. For years, costs awards were assessed in accordance with a tariff and were generally inadequate. The Federal Court's recent trend in awarding lump sum costs...more

IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency

This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines formalize trial...more

Yes—Copying Photographs from the Internet Can Get You into Trouble

Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use them—or face a substantial...more

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