Procure and Enforce- Canadas Highest Court Hands IP Owners Two Wins In Three Days

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party was obliged to block access to websites operated by a defendant. This provides rights-holders with an effective enforcement tool where infringement is facilitated via the borderless Internet. The other case abolishes the "promise doctrine" that has been the basis of several successful patent challenges in Canada: a patent can no longer be held invalid because it failed to live up to statements of an invention's promise made in the patent specification. The consequences for IP rights-holders: stronger patents and long-arm injunctions in appropriate circumstances.