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  • Article

    Brands In The Metaverse And NFTs: Protecting Trademarks & Copyrights Online, In Digital Media, And Beyond

    The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    CIPO Extends Deadlines To July 20, 2020

    In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    CIPO Extends Deadlines To June 1, 2020

    In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Comparing Patent Term Extension Regimes Between Canada (CSPs) And The EU (SPCs)

    Amendments to the Patent Act and enactment of the Certificate of Supplementary Protection Regulations flowing from the Canada-European Union Comprehensive Economic and Trade Agreement ...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Court Upholds Minister's Refusal To List ELANCO Patent Due To Filing Date

    The Federal Court has dismissed Elanco's application for judicial review of the Minister of Health's refusal to list Canadian Patent No. 2,812,704 on the Patent Register ...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    COVID-19 Update: Final Extension Of Canadian Intellectual Property Office Deadlines To August 24, 2020

    In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Daniel Anthony Discusses Personality Rights Protection In Canada With IPHQ News

    Canada's federal government and common law provinces lack a general 'right of publicity' protecting personality rights as property. This article examines the limited statutory provisions covering personality rights in Canada, with Quebec as a notable exception under civil law jurisdiction.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Health Canada Releases Its Statistical Report 2024/2025 For PMNOC Regulations, Data Protection And CSPs

    On July 25, 2025, the Office of Patented Medicines and Liaison of Health Canada released its Statistical Report 2024/2025 for the Patented Medicines (Notice of Compliance) Regulations, Data Protection...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Herman Cheung Discusses Double Patenting In Canada With IPHQ News

    Canada's double patenting regime presents unique challenges for patent applicants, operating without the terminal disclaimer provisions available in the United States. This creates a complex landscape where Canadian applicants face heightened vulnerability to objections, requiring careful navigation with experienced legal guidance to successfully manage patent portfolios in this strict jurisdictional environment.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Denies Apotex Leave To Appeal ONCA Olanzapine <i>Statutes Of Monopolies</i> Decision

    As we previously reported, the Ontario Court of Appeal affirmed the lower court's decision dismissing Apotex's claims against Eli Lilly under the Ontario and English Statutes of Monopolies, Trademarks Act...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Denies Merck Leave To Appeal From Decision Upholding Strict Interpretation Of Patent Listing Deadline

    Merck sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 224) affirming a Federal Court decision upholding Health Canada's refusal to add a patent relating to a formulation of Merck's KEYTRUDA...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Leave Applications – January 2021

    On January 8, 2021, the Supreme Court of Canada denied leave to Janssen and Kennedy Trust (Docket No. 39099) with respect to the Federal Court
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Upholds Decision Striking Alexion's Pleading Challenging Constitutionality Of The PMPRB Regime

    On December 7, 2017, the Federal Court of Appeal upheld Justice Simpson's decision to strike Alexion's pleadings challenging the constitutionality of the PMPRB regime:
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    New Court Proceedings - 2020

    INVEGA SUSTENNA (paliperidone palmitate): Janssen v Pharmascience.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Of Canada Dismisses Apotex's Leave Application Re: Trazodone Drug Submission Dispute With Health Canada

    As previously reported, the Federal Court of Appeal overturned the Federal Court's conclusion that Apotex failed to mitigate the loss it incurred as a result of Health Canada's tortious conduct...
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    Digital Marketing & Advertising: The Legal Side Of AI, NFTs, Virtual Influencers And Dark Patterns

    The world of digital marketing & advertising is fast-paced and always evolving to adopt the latest technology and capitalize on pop culture trends and new media channels.
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    PAAB Issues Advisory On Advertising Referring To "no Sub" / "no Substitution"

    In October 2020, the Pharmaceutical Advertising Advisory Board (PAAB) released an advisory addressing references to "no sub" or "no substitution" in advertising materials.
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Amendments To USMCA Remove 10-Year Data Protection Requirement For Biologics

    On December 10, 2019, the parties to the Canada-United States-Mexico Agreement (commonly referred to as USMCA, or the new NAFTA) signed amendments to the Agreement.
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    New Chairperson Of PMPRB Announced, PCPA Recruiting New CEO

    On February 1, 2023, the Minister of Health announced the appointment of Thomas J. Digby as the new Chairperson for the Patented Medicine Prices Review Board (PMPRB)...
    WorldwideFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    Smart & Biggar
  • Article

    Principals Noel Courage And Ainslie Parsons Explore Strategies For Protecting New Plant Varieties Across Key Markets

    Principals Ainslie Parsons and Noel Courage, along with expert international coauthors, recently contributed to an article in The Patent Lawyer Magazine examining how plant breeders and biotechs can protect...
    WorldwideIntellectual Property
    Smart & Biggar
    Smart & Biggar

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