As of 14 June 2024, CIPO has revised its position that designs applied to buildings and structures constructed on site are not registrable as...
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IP News
FEDERAL COURT CONSIDERS FAIR DEALING IN PASSWORD SHARING CASE
The Federal Court recently issued a decision in 1395804 Ontario Ltd. (Blacklock’s Reporter) v. Canada (Attorney General), 2024 FC 829 arising from a summary...
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Federal Court of Appeal Considers Sufficiency of Disclosure in Patent Applications
In Eli Lilly Canada Inc. v. Apotex Inc., (2024 FCA 72), the Federal Court of Appeal (“FCA”) considered the threshold for sufficient disclosure of...
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Assessing Likelihood of Confusion Between Trademarks: State of the Trademark Register Must Be Combined with Evidence of Actual Use of Third Party Marks
In November 2017, Performance Mechanics Panthera Motorsports Inc. filed a Canadian trademark application for the PANTHERA logo ( ) covering motorcycle and off-road vehicle...
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Patent Term Adjustment Coming Soon to Canada
Under the Canada–United States–Mexico Agreement (CUSMA), Canada has agreed to provide a means to adjust the term of a patent when the CIPO causes...
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CPATA Releases Results for First Knowledge Examinations
The College of Patent Agents and Trademark Agents (CPATA), the independent regulator of patent and trademark agents in Canada is responsible for administering examinations...
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Leave to Appeal to the Supreme Court of Canada Filed in Pharmascience Inc. v. Janssen Inc. (2024 FCA 23)
An application for leave to appeal the decision in Pharmascience Inc v. Janssen Inc. (2024 FCA 23) was recently filed by Pharmascience in the...
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FEDERAL COURT OF APPEAL CONSIDERS INTERPRETATION OF “USE” OF A PATENTED INVENTION IN THE CONTEXT OF INFRINGEMENT
The Federal Court of Appeal (“FCA”) recently considered the issue of what constitutes “use” of a patented invention for the purposes of proving infringement...
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Federal Court Decision Highlights the Challenges of Navigating a Federal Lawsuit Without Representation
The Federal Court recently released a decision in Alam v. Drew Bieber (2024 FC 499) arising from a motion for default judgment. The plaintiff,...
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CIPO Incorrectly Publishes Fee Amounts for Small Entity Status Maintenance Fees
The CIPO recently released a practice notice stating that the 2nd, 3rd, and 4th anniversary small entity maintenance fees for the years 2021 to...
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