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Inside Internal Controls

News and discussion on implementing risk management

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Patent Act

Promise doctrine abolished by the Supreme Court of Canada

On June 30, 2017, the Supreme Court of Canada, released a landmark patent decision (2017 SCC 36) abolishing Canada’s so-called ‘Promise Doctrine’ by finding it “unsound”, “not good law” and “incongruent with the both the words and scheme of the Patent Act.”

 

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Where does a cause of action for patent infringement arise?

In Apotex Inc. v Astrazeneca Canada Inc., 2017 FCA 9, the Court of Appeal had to interpret section 39 of the Federal Courts Act in order to determine the appropriate limitation period for those patents that issued before a six–year limitation period was established by section 55.01 of the Patent Act in 1993.

 

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Significant changes to the Canadian patent system

Changes are coming swiftly, as the federal government moves to implement the Comprehensive Economic and Trade Agreement just days after it was signed by Prime Minister Trudeau in Brussels at the end of October 2016. These changes will significantly impact biologic/pharma patents in two major ways.

 

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Substantive patent and design amendments bring Canada in line with its treaty obligations

The Government of Canada introduced for first reading in Parliament numerous amendments to intellectual property and other statutes on October 23, 2014. Bill C-43, an omnibus budget bill, amends Canada’s Patent Act to conform to the Patent Law Treaty (“PLT”) and the Industrial Design Act to conform to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

 

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