Intellectual Property Law


  • Plant breeders’ rights overlooked in cannabis IP strategy

    Plant breeders’ rights overlooked in cannabis IP strategy

    Jun 11, 2018

    Lawyers are encouraging cannabis producers to include plant breeders’ rights in their business’s intellectual property strategy, especially as cannabis is set to become legal this year.

  • More incentives needed for emerging businesses

    More incentives needed for emerging businesses

    Jun 11, 2018

    Intellectual property lawyers say the federal government’s recently announced intellectual property strategy gives a positive framework for IP protection and promotion in Canada, but it could include more concrete incentives for emerging businesses.

  • The modern condition

    Jun 11, 2018

    I once heard a very smart insight, that if we look back at the circumstances of our own lives over one-year increments, momentous change would be difficult to discern.

  • Businesses should prepare for trademark trolls

    Businesses should prepare for trademark trolls

    Jun 11, 2018

    Intellectual property lawyers expect to see an increase in trademark trolls or squatters after long-awaited amendments to the Trade-marks Act come into force early next year.

  • The Countdown to Legalization: Marijuana and IP law

    The Countdown to Legalization: Marijuana and IP law

    May 3, 2018

    In the fourth video of this series, Law Times looks into how intellectual property law ties in with marijuana, as the substance is set to be legalized in Canada this summer. Toronto-based lawyers Micheline Gravelle, managing partner/co-chair of the cannabis group at Bereskin & Parr LLP and Eileen McMahon, partner at Torys LLP, share their insights.

  • 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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