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Investing In Canadian Intellectual Property – The Federal Commitment
On April 19th, 2021, the Canadian Federal government tabled its first budget since the last federal election.
Smart & Biggar
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Licensing Of COVID-19 Diagnostic IP To Facilitate Fast Access In The Third World
The World Health Organization (WHO) and the Medicines Patent Pool (MPP) secured a license from the Spanish National Research Council (CSIC; Consejo Superior de Investigaciones Científicas) ...Smart & Biggar - Article
New 2021 Tax Deduction For Intellectual Property Protected Innovations In Québec
On March 10, 2020, the Government of Québec announced an incentive tax deduction for the commercialization of innovations ...Smart & Biggar - Article
New Court Proceedings
ENTRESTO (sacubitril-valsartan)Smart & Biggar - Article
New Trademarks Act Amendments In Government's USMCA Implementing Legislation
On May 29, 2019, the Canadian Government introduced Bill C-100, legislation designed to meet obligations included in the United States-Mexico-Canada Agreement (USMCA).Smart & Biggar - Article
Ontario Government Unveils Intellectual Property Action Plan Along With COVID-19 Research Projects
Last year, the Ontario government convened an Expert Panel on Intellectual Property, chaired by Jim Balsillie. He has long advocated for publicly funded research and other institutions to take a...Smart & Biggar - Article
Pre-Amended PMNOC Regulations: Court Decisions On The Merits (Polymorph, Salt, Formulation Patents)
There have been two Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) decisions on the merits so far in 2019 and a pair of appeal decisionsSmart & Biggar - Article
Supreme Court Of Canada Reserves Decision On Appeal Relating To The Patentability Of Methods Of Medical Treatment
Over ten years have passed since the Federal Court of Appeal (FCA) flagged the patentability of methods of medical treatment as being worthy of full consideration by the Supreme Court of Canada. This issue has finally come before the Court.Smart & Biggar - Article
Supreme Court Of Canada Takes A Pass On Patented Drug Price Dispute
The Board decision was quashed, and the case was sent back to the Board for redetermination.Smart & Biggar - Article
Supreme Court Of Canada To Hear York University/Access Copyright Appeals
On October 15, 2020, the Supreme Court of Canada granted applications brought by both York University and Access Copyright for leave to appeal the Federal Court ...Smart & Biggar - Article
USPTO: AI Cannot Be Named As Inventor On Patent
On April 27, 2020, the United States Patent and Trademark Office published a petition decision stating that under current law...Smart & Biggar - Article
Class Actions Relating To Opioid Use Disorder Continue Across Canada
There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages...Smart & Biggar - Article
Federal Court Of Appeal Dismisses Appeal Of First Trial Decision Under The Amended PMNOC Regulations
Any appeal by Amgen would require the grant of leave by the Supreme Court of Canada.Smart & Biggar - Article
New Court Proceedings (May 2022)
Taro Pharmaceuticals v Biogen and Acorda Therapeutics.Smart & Biggar - Article
Federal Enforcement Agencies Remind Canadian Mobile App Companies Of Their CASL Obligations
Canada's Anti-Spam Legislation (CASL) is enforced by three federal agencies, the Canadian Radio-television and Telecommunications Commission (CRTC)...Smart & Biggar - Article
Handling Patient Data In Artificial Intelligence
There has been a vast expansion in the use of AI in healthcare. There are many privacy issues that accompany unlocking the potential of AI.Smart & Biggar - Article
Misleading Privacy Claims Results In $9 Million Dollar Penalty For Facebook
On May 19, 2020 the Competition Bureau announced that as part of a registered settlement, Facebook Inc. will pay a $9 million penalty plus an additional $500,000 for the costs of the Bureau's investigation.Smart & Biggar - Article
Brexit's Impact On Canadian Owners Of EU Trademarks
On January 29, 2020, the European Union (EU) Parliament approved the Brexit Withdrawal Agreement to officially end the UK's...Smart & Biggar - Article
CIPO Extends Industrial Design Protection To Buildings And Structures
The Industrial Design Office has announced that it is changing its practice with respect to industrial designs applied to buildings or structures.Smart & Biggar - Article
Protecting AI-Created Works - US Seeking Comments On Copyright. What About Canada?
The U.S. Patent and Trademark Office is seeking comments on what the impact would be on providing copyright protection to works created using artificial intelligence,Smart & Biggar
