Canada has a scheme under the Trade-marks Act, where government authorities can list official marks. In 2016, over 700 prohibited marks were listed in Canada. The top ten filers were Continue reading 2016 in Official Marks
Combining technology with financial services in the age of mobile, cloud and blockchain gives rise to many potential disruptors and established players trying to increase, protect, license and monetize their intellectual property. I explore some of these ideas in my recent article in Slaw on Protecting FinTech Innovation.
Continue reading Fintech
This email wraps up 2016. Thanks for being a subscriber! Over 350,000 IPPractice emails were sent over the year to over 1500 subscribers, listing 450 new intellectual property proceedings and reporting 180 decisions. I’m looking forward to more developments in 2017. Happy New Year!
Some more stats from the past year are on the website.
The United States Supreme Court has released its decision in Samsung v. Apple regarding the damages for design infringement. Finding in favour of Samsung, the court held that in the case of a multicomponent product, the relevant “article of manufacture” for arriving at a §289 damages award need not be the end product sold to the consumer but may be only a component of that product. The $399 million damages award was reversed and the proceeding remanded back to the Federal Circuit.
The Supreme Court of Canada will hear arguments in Google Inc. v. Equustek Solutions Inc., et al on Tuesday, December 6th at 9:30, which will be webcast. The proceeding arose as a trademark and trade secret proceeding in which the court granted an injunction against the third party, Google, displaying certain search results globally. Continue reading Extraterritorial Injunctions
On Tuesday, the Supreme Court of Canada will hear oral arguments in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole) relating to the ‘promise doctrine’ of patent utility.
Bill C-30 has been introduced to implement the Comprehensive Economic and Trade Agreement (CETA) with Europe. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering the PM(NOC) procedure, and to the Trade-mark Act regarding geographic indicators with grounds of opposition and certain exceptions for prior use, acquired rights and generic terms. Amendments are also proposed to a number of other acts. Continue reading CETA Implementation