IPPractice

This site is my collection of updates, statistics and analysis on intellectual property in Canada. I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property (more about me). Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. Highlights include:

Recent Posts:

Promise Doctrine

The Supreme Court announced that it will be releasing the decision in AstraZeneca Canada Inc. et al. v. Apotex Inc. et al. on Friday, June 30th. It is expected that the decision will consider whether lower courts erred in law in finding the patent invalid: (i) on the basis of a “promise of the patent” utility doctrine; and/or (ii) by applying an incorrect standard for patent utility.

Twitter

For those on Twitter, the Federal Court has now joined as @FedCourt_CAN_en and @Courfed_CAN_fr. You can also follow me at @amacek. …Read More

Forum Selection Clauses

The Supreme Court of Canada issued its decision today in Douez v. Facebook, Inc., in which the majority, in a split decision, allowed the appeal and held that the forum selection clause should not be enforced. The plaintiff sought certification for a class action against Facebook alleging the company used her name and likeness without consent for the purposes of advertising, contrary to BC’s Privacy Act. A forum selection clause in the terms of use required disputes to be resolved in California under California law.

Also today, the Supreme Court announced it would release its decision next week in Google Inc. v. Equustek Solutions Inc. et al. on extraterritorial injunctions. …Read More

Judicial Appointments

Judges were appointed to the courts in Ontario, Quebec, British Columbia, Alberta and the Federal Courts. John Laskin of Torys was appointed a judge of the Federal Court of Appeal and William Pentney, Deputy Minister of Justice and Deputy Attorney General of Canada, was appointed a judge of the Federal Court.

…Read More

Disparaging Marks

Yesterday, the United States Supreme Court issued its decision in Matal v. Tam where the US Patent and Trademark Office had denied an application for “The Slants” under a Lanham Act provision prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.”  The court held that the disparagement clause violates the First Amendment’s Free Speech Clause. (link)

Canadian Intellectual Property