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Inside Internal Controls

News and discussion on implementing risk management

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patents

Oh those trademark scammers

Never hesitate to enquire as to whether a solicitation received by email or mail regarding your Intellectual Property is legitimate. It is important to read the fine print to a solicitation to determine whether or not it comes from the CIPO.

 

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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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Upcoming changes to the Uniform Unclaimed Intangible Property Act

The Canadian government established the Unclaimed Intangible Property Actin 1989 to create legislation around reuniting people and corporations with their unclaimed property, but that statute was not proclaimed in force. The Uniform Unclaimed Intangible Property Act, which arose in 2003, was created as model for each province in Canada to use as needed to design their own legislative framework for unclaimed property law.

 

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