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News and discussion on implementing risk management

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Intellectual Property, IP

Exceptional circumstances now required for extensions in trademark examination

On January 17, 2020, the Canadian Intellectual Property Office (“CIPO”) published a new Practice Notice which significantly curtails the availability of extensions of time to respond to Office Actions in trademark examination.

 

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There’s something about the 17th: The tinkering continues with more Canadian trademark practice changes

The Canadian Intellectual Property Office (“CIPO”) recently amended three Practice Notices and a Guidance Document related to applications and registrations for trademarks in Canada. These amendments provide:

 

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Provincial payer quashes attempted drug evergreening strategy

When patents expire on a patented drug product, paving the way for generic competition, the patentee is faced with the challenge of how to replace the revenues that were achieved with the patented product. Ideally, the company’s innovation during the patented product’s life cycle will have led to new products poised to grow as the old patented product’s revenues decline. Often, however, the company’s strategy is to pursue a “product switch,” in which the patented product is replaced with a new product that provides little or no therapeutic improvement but for which no generic competition is imminent.

 

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Interlocutory injunctions in trademark cases: A POWERful tool—when available

As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court of Canada.

 

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Site blocking orders come to Canada: GoldTV.biz

In an important decision released Friday, November 13, 2019, the Federal Court of Canada issued the first Canadian site blocking order against sites that predominantly facilitate copyright infringement.

 

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Copyright or trademark protection? Sometimes, it’s both

In general parlance the terms “copyright”, “trademark”, and “patent” are often incorrectly interchanged, much to the chagrin of IP practitioners. While all three types of IP are very different, they are inextricably linked in many cases.

 

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United States-Mexico-Canada Agreement amendments

On Dec. 10, 2019, Canada, the United States of America, and Mexico agreed to substantial amendments to the United States-Mexico-Canada Agreement (USMCA), the trade agreement that is slated to replace the long-standing North American Free Trade Agreement (NAFTA).

 

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How much does a Canadian patent cost?

Asking how much it costs to get a patent in Canada is a bit like asking how long a piece of string is. The answer, of course, depends on many different factors, but there are a number of general guidelines that can be used to anticipate likely costs that will be incurred over the lifetime of a patent.

 

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Competition Tribunal confirms business justification is the paramount consideration in an abuse of dominance case

Competition law

On October 17, 2019, the Competition Tribunal (Tribunal) rendered its decision in CT-2016-015 Commissioner of Competition v. Vancouver Airport Authority (Decision) [PDF], dismissing the Commissioner of Competition’s (Commissioner) application.

 

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Cryptocurrency taxation update

On May 17, 2019, the Department of Finance released proposals to amend the Excise Tax Act (Canada) to treat certain virtual currency as a financial instrument for GST/HST purposes.

 

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When copyright in a work transfers to the Crown: Keatley v. Teranet

When does copyright transfer to the Crown under the Copyright Act? The Supreme Court clarified this in a landmark ruling released earlier today in Keatley Surveying Ltd. v. Teranet Inc., 2019 SCC 43, authoritatively interpreting Section 12 of the Act.

 

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Compliance with the Quebec language requirements for display of trademarks to be ‎mandatory on November 24, 2019‎

This information bulletin addresses the language requirements pertaining to display, in a language other than French, of trademarks on real estate in Quebec.

 

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Businesses have until November 24 to put their French face forward

As previously reported, Quebec companies that display a non-French trademark on outdoor signage in the absence of a French generic term, slogan or description have until November 24, 2019 to comply with the new rules requiring a “sufficient presence of French”.

 

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Legal considerations in tech lending

With a booking tech industry in Canada, growing technology companies need capital and, as a result, there has been growth in financing tech enterprises.

 

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Canada’s trademark applications for marijuana products and services cause an international stir at the Nice Committee of Experts

The hot topic this year at the 29th session of the Nice Committee of Experts in Geneva stemmed from Canada’s legalization of marijuana and the resulting trademark applications being filed globally containing marijuana and cannabis, as well as their related products and services.

 

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