constitutional law

  • Tribunals should consider Charter claims

    Jun 18, 2018

    About the Charter, Pierre Trudeau poig­nantly remarked, “I saw the Charter as an expression of my long-held view that the subject of law must be the individual human being; the law must permit the individual to fulfil himself or herself to the utmost.”

  • System shifts

    Feb 12, 2018

    When the world changes, does the law change with it? This, of course, is a matter of where you are situated.

  • Legal clinic challenges part of Income Tax Act

    Legal clinic challenges part of Income Tax Act

    Feb 12, 2018

    A legal clinic is challenging the constitutionality of part of the Income Tax Act that bars refugee claimants from receiving Canada child benefits.

  • Potential changes concern pharma companies

    Potential changes concern pharma companies

    Oct 2, 2017

    Proposed changes to the way Canada puts a ceiling on patented drug prices have put pharmaceutical companies on alert, says an Ottawa intellectual property lawyer. Earlier this summer, Health Canada released a consultation report entitled “Protecting Canadians from Excessive Drug Prices” that included a number of suggested amendments to the federal Patented Medicines Regulations, which are in turn used by the Patented Medicines Prices Review Board to determine the level at which a drug’s price crosses the threshold to become excessive.

  • Rush to register trademarks before 2019

    Rush to register trademarks before 2019

    Oct 2, 2017

    According to Vaccari, the amendments also provide additional tools that will help tackle potential misuse of the application process by trolls. When they take effect, they will add a new ground of opposition to s. 38(2) of the Trade-marks Act, allowing registrations to be challenged where the applicant was not using and did not intend to use the mark in association with a specified good or service at the time it was filed. “Oppositions are going to increase, and that’s something they have seen in Europe, too. Some squatters are going to be trolls who see it as an opportunity to make money, but I’m not sure how successful they will be,” Vaccari says.

  • Rejection of doctrine may encourage exaggerated claims

    Rejection of doctrine may encourage exaggerated claims

    Oct 2, 2017

    The Supreme Court of Canada’s rejection of the promise doctrine incentivizes patent applicants to exaggerate claims about their invention’s capabilities, according to an intellectual property professor. Jeremy de Beer, a professor at the University of Ottawa’s faculty of law, appeared before the nation’s top court in the case of AstraZeneca Canada Inc. v. Apotex Inc., which ended with a 9-0 judgment dismissing the controversial doctrine as “unsound.”

  • Challenge on offensive trademarks could bring clarity

    Challenge on offensive trademarks could bring clarity

    Sep 25, 2017

    Canadian intellectual property lawyers say brand owners would benefit from the clarity a Constitutional challenge would bring to the country’s ban on offensive trademarks. This summer, the U.S. Supreme Court struck down part of the portion of its law prohibiting disparaging trademarks, ruling that the ban infringed on First Amendment free speech rights.

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