Recent Insights

Canada’s Federal Court of Appeal Applies Supreme Court’s Utility Test for the First Time to Uphold Validity of BMS’ Dasatinib Patent Canada’s Federal Court of Appeal Applies Supreme Court’s Utility Test for the First Time to Uphold Validi...

Patent Litigation
October 4, 2017October 4, 20172017-10-04
On September 18, 2017, Canada’s Federal Court of Appeal (FCA) released its decision in BMS v Apotex Inc, 2017 FCA 190, reversing the Federal Court’s (FC) decision (
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-of-appeal-applies-supreme-court%E2%80%99s-utility-test-for-first-time-to

Federal Court Clarifies When Use Must Commence for “Use in Canada” Filing Basis Federal Court Clarifies When Use Must Commence for “Use in Canada” Filing Basis

Trademark
October 4, 2017October 4, 20172017-10-04
In its decision in Les Marques Metro / Metro Brands SENC v 1161396 Ontario Inc. (2017 FC 806), the Federal Court (FC) confirmed that an applied-for trade-mark must have been used in association w
Deeth Williams Wall http://www.dww.com/articles/federal-court-clarifies-when-use-must-commence-for-%E2%80%9Cuse-canada%E2%80%9D-filing-basis

Canada’s Trade-marks Act Amended to Expand Protection for Geographical Indications Canada’s Trade-marks Act Amended to Expand Protection for Geographical Indications

Trademark
October 4, 2017October 4, 20172017-10-04
On September 21, 2017, Canada’s Trade-marks Act (Act) was amended as a result of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (CETA), expanding the definition of geographical indication (GI) to include agricultural products and foods.
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-trademarks-act-amended-to-expand-protection-for-geographical-indications
Patent
October 4, 2017October 4, 20172017-10-04
Due to the coming into force of the majority of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (“CETA Implementation”) on September 21, 2017, the Canadian Government and the Federal Court have released various guidance documen
Deeth Williams Wall http://www.dww.com/articles/ceta-implementation-guidance-documents-and-notices-released-to-address-amendments-to-pmnoc

Canadian Border Services Agency Introduces Reporting Mechanism for Dangerous Counterfeit Goods Canadian Border Services Agency Introduces Reporting Mechanism for Dangerous Counterfeit Goods

Trademark
October 4, 2017October 4, 20172017-10-04
On September 13, 2017, the Canada Border Services Agency (CBSA) published Customs Notice 17-27 on reporting shipments of dangerous counterfeit or pirated goods.
Deeth Williams Wall http://www.dww.com/articles/canadian-border-services-agency-introduces-reporting-mechanism-for-dangerous-counterfeit

Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese

Trademark and Copyright Litigation
September 20, 2017September 20, 20172017-09-20
In Ministry of Energy and Tourism of the Republic of Cyprus v 3878422 Canada Inc. (2017 QCCS 3803), the Superior Court of Quebec (the Court) refused to dismiss an action based on the unauthorized use of HALLOUMI and HALOMI with cheese.
Deeth Williams Wall http://www.dww.com/articles/quebec-court-refuses-to-reject-action-based-on-unauthorized-use-of-halloumi-cheese

Events

November 24, 2017

Heather Watts will be participating in a panel presentation on Injunction Strategy – Practical Tips for Success on Friday, November 24, 2017 from 11:05 a.m. to 11:50 a.m.

The presentation is hosted by The Advocates’ Society at the The Advocates’ Society Education Centre, 250 Yonge Street, Suite 2700, Toronto ON.  The panel discussion is part of an educational program called Winning Injunctions which takes place from 9 a.m. to 12 p.m..  The program will be recorded for a live webcast.

November 18, 2017

On November 18, 2017, Hung Nguyen will be moderating a panel presentation titled Update in IP and IT Law.  The panel will take place during the Federation of Asian Canadian Lawyers Annual Ontario Conference which is hosted at the Toronto Board of Trade.  

The Event Schedule for the Conference is available here:  https://on.facl.ca/tc-events/conference2017/

October 24, 2017

James Kosa is participating in the panel “Ethical Negotiations and the New Duty of Good Faith” at IT.CAN’s 21st Annual Conference in Toronto on October 24, 2017.

Registration for the event is available here.

The conference brochure is available here.