Innovatio Awards celebrate in-house counsel, both individuals and teams, who have found ways to show leadership by becoming more efficient, innovative and creative in meeting the needs of their organizations within the Canadian legal markets
When: September 20, 2018
Where: Arcadian Court, Toronto
Event Detail: 2018 Nominations are now closed
Presented by Lexpert, the prestigious Rising Stars Awards Gala honours winners from across Canada and welcomes law firm and in-house leaders and distinguished guests to celebrate and network with others who are at the top of the legal profession
When: November 8, 2018
Where: Fairmont Royal York Hotel, Toronto
Event Detail: 2018 Nominations open June 4th
Presented by Lexpert, these awards recognize individuals and teams from law firms, academia, law societies and corporations that have made a significant contribution to the legal community
When: June 19, 2018
Event Detail: To purchase a table and explore sponsorship opportunities click here
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.
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.
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.
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.
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.
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.”
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.