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  • Article

    U.S. Supreme Court Lowers The Bar For Awards Of Legal Costs In Patent Lawsuits

    The United States Supreme Court unanimously relaxed the standard for determining whether a successful patent litigant should be compensated for legal fees.
    CanadaIntellectual Property
    Smart & Biggar
    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...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    USPTO Revises Patentable Subject Matter Guidelines To Start 2019

    If yes, then examiners must evaluate whether the claim contains "significantly more" than the excluded concept.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    What's In A Name? Canada May Have Just Made It More Difficult To Register Name And Surname Marks

    The Canadian Intellectual Property Office has recently revised its Practice Notice regarding name and surname objections. The revised Practice Notice can be found here.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    What Canadian Companies Need To Know About Upcoming Changes To The European Trademark System

    This is a chance for Canadians to review their European rights and to identify whether they should be seeking protection for additional marks, further specify goods/services or add new classes for existing marks.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Witness Credibility And Adducing Reliable Evidence In Copyright Infringement Cases - An Important Reminder

    The Federal Court in Premium Sports Broadcasting Inc. v. 9005-5906 Québec Inc. (Resto-bar Mirabel), 2017 FC 590, recently dismissed a copyright infringement action on a summary trial motion.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    You Can’t Plead Contributory Patent Infringement In Canada

    In Nycomed v. Teva, the Federal Court of Appeal confirmed that there is no cause of action in Canada for "contributory infringement" of a patent and, accordingly, approved a decision that struck out parts of a Statement of Defence and Counterclaim that pleaded it
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Anti-Spam Legislation's Private Right Of Action Suspended

    In a news release on June 7, the Government announced that it was suspending the implementation of the "private right of action" provisions in Canada's anti-spam legislation (CASL)...
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    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...
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    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.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    New Court Proceedings (May 2022)

    Taro Pharmaceuticals v Biogen and Acorda Therapeutics.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    CASL Year In Review

    Generally speaking, the senders of commercial electronic messages (or "CEMs") must obtain express consent in a prescribed format.
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    Smart & Biggar
  • Article

    Data Localization And Digital Trade In The New United States-Mexico-Canada Agreement

    The new United States-Mexico-Canada Agreement ("USMCA"), announced on September 30, 2018, succeeds the North American Free Trade Agreement ...
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    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)...
    CanadaMedia, Telecoms, IT, Entertainment
    Smart & Biggar
    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.
    CanadaPrivacy
    Smart & Biggar
    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.
    CanadaPrivacy
    Smart & Biggar
    Smart & Biggar
  • Article

    Europe Developing More Specific Criteria For Biosimilar Drug Safety Data

    Immunogenicity of biosimilar medicines has been a key concern for regulators.
    European UnionFood, Drugs, Healthcare, Life Sciences
    Smart & Biggar
    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...
    GlobalIntellectual Property
    Smart & Biggar
    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.
    GlobalIntellectual Property
    Smart & Biggar
    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,
    GlobalIntellectual Property
    Smart & Biggar
    Smart & Biggar

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