In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates Novartis’ rights in its...more
2/23/2024
/ Appeals ,
Canada ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Life Sciences ,
Permanent Injunctions ,
Pharmaceutical Industry ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Trademarks Act
2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more
1/27/2022
/ Brand ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Corporate Counsel ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Patents ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Canada has established itself as an attractive jurisdiction in which to do business. It has a stable economy, a high-income population, a business-friendly environment and has long led the G7 in growth. It also has especially...more
FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence -
On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli...more
12/22/2018
/ Amended Rules ,
Appeals ,
Biologics ,
Canada ,
Damages ,
Food and Drug Administration (FDA) ,
Free Trade Agreements ,
Generic Drugs ,
Health Canada ,
Intellectual Property Protection ,
International Litigation ,
Non-Infringing Alternatives (NIAs) ,
Notice Requirements ,
Patent Litigation ,
Pharmaceutical Patents ,
PMNOC Regulations ,
Prejudgment Interest ,
Prescription Drugs ,
United States-Mexico-Canada Agreement (USMCA)