ArticleLargest Patent Infringement Award In Canada Stands: Apotex Denied Leave To Appeal To The SCCThe case began in 1997 when Apotex launched its generic lovastatin product.CanadaIntellectual PropertyMcCarthy Tétrault
ArticleNew Rules For US DMCA Agent RegistrationOne of the central features of the U.S. Digital Millennium Copyright Act for online service providers is the combination of the Notice and Takedown regime and the corresponding Safe Harbour provision.CanadaIntellectual PropertyMcCarthy Tétrault
ArticleNotice And Notice Regime Under C-11 Coming Into ForceThe Government announced today that the notice and notice regime established under C-11 is coming into force.CanadaIntellectual PropertyMcCarthy Tétrault
ArticleOriginality And Cartoon Characters – Supreme Court To Hear Cinar/Robinson Copyright CasesThe Supreme Court recently granted leave to appeal in four copyright cases arising from the decision of the Quebec Court of Appeal in the France Animation v. Robinson, 2011 QCCA 1361 case. CanadaIntellectual PropertyMcCarthy Tétrault
ArticlePlaying Innovation Catch-up? You Need Bargaining ChipsWith the exponential growth of game-changing technology, it is easy for an incumbent industry player to be caught flat-footed. CanadaIntellectual PropertyMcCarthy Tétrault
ArticlePM(NOC) Proceedings: Apotex Defeats Bayer’s Canadian Patent On Oral Contraceptive YAZThe Federal Court released the reasons for dismissing Bayer’s prohibition application against Apotex in respect of its generic YAZ tablets.CanadaIntellectual PropertyMcCarthy Tétrault
ArticleSupreme Court Of Canada To Hear Landmark Pharmaceutical Section 8 Damages CaseOn October 30, 2014, the Supreme Court of Canada granted leave to Sanofi-Aventis’ application for leave to appeal a decision of the Federal Court of Appeal.CanadaIntellectual PropertyMcCarthy Tétrault
ArticleUpdate: CETA Ratification To Implement Changes To The Patent Act, PM(NOC) Regime And Trade-Marks Act Moving Swiftly In CanadaCanada's sweeping trade deal with the European Union is expected to be implemented early next year. As reported previously, the government of Canada has tabled Bill C-30 to ratify CETA . . .CanadaIntellectual PropertyMcCarthy Tétrault
ArticleCanadian Government Undertaking Industry Consultations on Cryptography Export Permit ProcessThe Export Controls Division of Foreign Affairs and International Trade Canada (ECD) has launched another consultation with industry regarding the control of encryption goods and technology for export or transfer from Canada. CanadaInternational LawMcCarthy Tétrault
ArticleFurther Canadian Responses To Russia's Invasion Of UkraineCanada has imposed further restrictions on Russia due to its continuing invasion of Ukraine. These restrictions are in addition to those already imposed in the Special Economic Measures (Russia) Regulations...CanadaInternational LawMcCarthy Tétrault
ArticleGovernment Grants Relief To Importers In The Midst Of COVID-19 Crisis: Deadlines For Payment Of Duties And Taxes On Imports ExtendedIn a move intended to ease the financial burden on the Canadian importer community that has resulted from the ongoing COVID-19 crisis, the Canadian Government CanadaInternational LawMcCarthy Tétrault
ArticleOfficial Trans-Pacific Partnership Text ReleasedEarlier today, Canada's Department of Foreign Affairs, Trade, and Development released the official text of the Trans-Pacific Partnership ("TPP").CanadaInternational LawMcCarthy Tétrault
PodcastPandemic Protectionism (Podcast)On Episode 20: Pandemic Protectionism: In light of the recent decision by President Trump to impose tariffs for Canadian non-alloyed...CanadaInternational LawMcCarthy Tétrault
ArticleRussia And Ukraine Sanctions Update: Canada Designates 12 More PartiesThe Government of Canada amended the Special Economic Measures (Russia) Regulations and the Special Economic Measures (Ukraine) Regulations.CanadaInternational LawMcCarthy Tétrault
ArticleAlberta Court Of Appeal Confirms Municipal Taxes On Linear Property Constitute Unsecured ClaimsThe Alberta Court of Appeal recently upheld an unreported decision of the Court of Queen's Bench that unpaid taxes on linear property formed only unsecured claims against the debtors.CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
PodcastAppealing Briefs (Podcast)Hosted by partner Adam Goldenberg, Appealing Briefs provides brief updates on recent cases from Canada's courts of appeal. Learn the key takeaways and discover how the decisions...CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
PodcastAppealing Briefs – Episode 17: Bykovets And IP Address Privacy Rights (Podcast)Can internet users in Canada reasonably expect their IP addresses to remain private? Yes, says the Supreme Court of Canada, and law enforcement therefore requires a warrant to obtain IP addresses from third-party...CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
PodcastAppealing Briefs – Episode 18: Achter Land (The "Emoji Case") (Podcast)Can a thumbs-up emoji create a binding contract? According to the Court of Appeal for Saskatchewan, it can, but context matters.CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
PodcastAppealing Briefs – Episode 20: When Can Dishonesty Breach A Contract? Ocean Pacific And Heritage Property (Podcast)Could dishonesty during contractual negotiations or after a contract's termination constitute a breach of the duty of honest performance? Adam speaks with McCarthy Tétrault partner Brandon Kain...CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
PodcastAppealing Briefs – Episode 21 Benchwood: Can Businesses Sue For Negative Online Reviews? (Podcast)When is litigation available to fight back against false and damaging online reviews?CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault