Supreme Court of Canada Rules on the Promise of a Patent
On June 30, 2017, the Supreme Court of Canada issued its much awaited decision on the so-called “promise doctrine” of patent utility (AstraZeneca Canada Inc. v. Apotex Inc. 2017 SCC 36). As applied for many years, the promise doctrine had...
Canada’s Proposed New Trademark Regulations Released for Comment
On June 19, 2017, the Canadian Intellectual Property Office (CIPO) released its draft Regulations under Canada’s new Trademarks Act, which received Royal Assent in 2014, but is not yet in force. Read the draft Trademark Regulations. The draft Regulations are...
Impression v. Lexmark* – Exhaustion of Patent Rights in the U.S.
In a highly anticipated decision addressing the doctrine of exhaustion of patent rights in the U.S., the Supreme Court of the United States has reversed the U.S. Federal Circuit’s decision and held that a patentee’s sale of a patented product...
Draft Regulations Relating to Signage in Quebec and French Language
On May 4, 2016, the Quebec government followed through on its plan to amend the Charter of the French Language (the “Charter”), publishing draft regulations which require the sufficient presence of French when a trademark in a language other than...
Significant Changes to Canada’s Trademark Regime: What you Need to Know
The Canadian government has made changes that will impact almost every aspect of trademark practice in Canada. These changes are contained in two pieces of legislation, Bill C-31 and the Combatting Counterfeit Products Act. The changes make it important to...
Using Big Data for Targeted Advertising Could Violate Canadian Privacy Law
On April 7, 2015, the Privacy Commissioner of Canada ruled in its Report of Findings #2015-001 against Bell, one of Canada’s largest telecommunications companies. The Commissioner ruled Bell’s targeted advertising program violated federal privacy law, the Personal Information Protection and Electronic...
Canadian Anti-Spam Enforcement in Full Swing as Fines Issued
Porter Airlines Inc. has agreed to pay the amount of $150,000 as part of an Undertaking concerning alleged violations of paragraphs 6(1)(a), 6(2)(b) and 6(2)(c) and non-compliance with paragraph 11(1)(b) and subsection 11(3) of Canada’s Anti-Spam Legislation (CASL), as well...
Guidance for CASL Installation of Computer Programs Provisions (Part 1 of 2)
This Alert is Part 1 of 2, and it addresses some of the CRTC’s guidance regarding CASL’s installation of computer program provisions. Part 2 of this Alert, which will be released in early February, will address more of the CRTC’s...
Developing a Corporate Compliance Program Under Canada’s Anti-Spam Legislation (CASL)
CASL is now in force As of July 1st, individuals and organizations who send or receive commercial electronic messages (CEMs) in Canada must comply with Canada’s Anti-Spam Legislation (CASL)’s anti-spam provisions. With CEMs being broadly defined, many organizations are caught...
Royal Assent to Changes in the Canadian Trademarks Act has Significant Implications for Brand Owners
Bill C-31, which will, among other things, implement significant changes to the Canadian trademarks regime, received Royal Assent on June 19, 2014. The date on which the Bill, Economic Action Plan 2014 Act, No. 1, will be proclaimed in force...
