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On December 22, 2017, Patillo J. of the Ontario Super Court of Justice held that Apotex was entitled to $11,303,131.80, plus pre-judgment interest, for losses flowing from delays in the US FDA's approval...

Proposed amendments to Food and Drug Regulations to enable importation of drugs that address an urgent public health need

Section 12(1)(b) of the Canadian Trademarks Act provides that a trademark is not registrable if it is clearly descriptive or deceptively misdescriptive of the character or quality of its associated goods or services or the conditions of or persons employed in their production or place of origin.

In its first decision to consider the Supreme Court of Canada's landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 [Esomeprazole](see our article here) on the utility requirement, the Federal Court of Appeal has overturned a finding of inutility made under the promise doctrine, with practical guidance for the requirement of a scintilla of utility: Bristol-Myers Squibb v Apotex, 2017 FCA 190.

Leveraging worldwide patent systems for securing cost effective and streamlined patent protection is of increasing importance to patent applicants.

With 2015 behind us and a new year ahead, we have selected our top 10 highlights from Canadian IP law and practice in the past year.

The provision permits the Minister of Health to disclose confidential business information about a therapeutic product in certain circumstances.

On December 9, 2017 Canada's Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette.

As in most jurisdictions around the world, a registered trademark in Canada is vulnerable to cancellation if it is no longer in use.

On June 24, 2016, the much anticipated amendments to the Patent Act and Trademarks Act recognizing patent agent privilege and trademark agent privilege will come into force.

As 2017 draws to a close and we begin to look forward to the new year, the countdown to the implementation of Canada's new trademark law begins in earnest.

Dans l'optique de promouvoir la recherche et le développement dans des domaines stratégiques au Québec et d'augmenter le nombre d'entreprises cherchant à protéger et à valoriser leurs innovations, le Ministère de l'Économie, de l'Innovation et des Exportations (MEIE) a présenté le programme d'aide financière

Are trademark trolls a threat to brand owners in Canada? With significant amendments to the Canadian Trademarks Act on the horizon in light of Bill C-31

The Canadian Intellectual Property Office has issued a report entitled IP Canada Report 2016, discussing trends in IP use domestically, and by Canadians abroad, based on analysis of CIPO's internal data and those collected by the World Intellectual Property Organization.

In the wake of the 2014 announcement that the Canadian Trademarks Act would undergo significant overhaul, there was much speculation about how the changes would impact the behaviour of those filing trademark applications in Canada.

Business Development Bank of Canada (BDC) Capital, the investment arm of Canada's only bank exclusively devoted to entrepreneurs, has announced a $160-million intellectual property (IP)...

Biologics are drugs which contain an active medicinal ingredient that is derived from living cells.