On July 6, 2017 the UK became the ninth Country to agree to the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. The PPA allows for a provisional application phase prior to the UPC Agreement itself coming fully into force.
Deeth Williams Wallhttp://www.dww.com/articles/uk-steps-toward-unitary-patent-up-and-unified-patent-court-upc
On June 30, 2017, in AstraZeneca Canada Inc v Apotex Inc (AstraZeneca, 2017 SCC 36), the Supreme Court of Canada (SCC) rejected the Promise Doctrine as the correct approach to determine patent utility.
Deeth Williams Wallhttp://www.dww.com/articles/supreme-court-of-canada-rejects-%E2%80%9Cpromise-doctrine%E2%80%9D-when-determining-patent-utility
On June 28, 2017, in Google In. v Equustek Solutions Inc (2017 SCC 34), the Supreme Court of Canada (SCC) upheld a worldwide interlocutory injunction ordering Google to de-index its search engine results of several websites used to sell infringing products that violated Equustek’s intellectual property rights.
Deeth Williams Wallhttp://www.dww.com/articles/internet-has-no-borders-supreme-court-of-canada-upholds-worldwide-interlocutory-injunction
On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc’s (Facebook) terms of service. As pr
Deeth Williams Wallhttp://www.dww.com/articles/supreme-court-of-canada-considers-enforceability-of-forum-selection-clause-douez-v
On July 5, 2017, the Federal Court of Canada (FC) issued a Supplemental Judgement and Reasons (2017 FC 637) to decide issues concerning the quantum of damages and profits payable Nova Chemicals Corporation (Nova) to Dow Chemical Company (Dow) in respect of an earlier patent infringement finding.
Deeth Williams Wallhttp://www.dww.com/articles/dow-chemical-awarded-cad645m-patent-infringement-case-against-nova-chemical
On July 8, 2017, the Prime Minister of Canada and the President of the European Commission issued a joint statement setting September 21, 2017 as the new provisional application date for the Comprehensive Economic and Trade Agreement
Deeth Williams Wallhttp://www.dww.com/articles/provisional-application-of-ceta-set-for-september-21-2017
On June 19, 2017, the Canadian Intellectual Property Office (the Office) published draft regulations under the Trade-marks Act and the Industrial Design Act for consultation with the public. The draft regulations implement various legislative amendments passed in 2014 and 2015. The amendments constitute significant changes to Canadian practice, including the implementation of the international requests for trademark and industrial design protection under the Madrid Protocol and the Hague Agreement.
Deeth Williams Wallhttp://www.dww.com/articles/canadian-intellectual-property-office-publishes-draft-trademark-and-industrial-design
On June 3, 2017, the Government of Canada announced the commencement of consultations for the renegotiation and modernization of the North American Free Trade Agreement (NAFTA), and invited concerned parties to make written submissions by July 18, 2017.
Deeth Williams Wallhttp://www.dww.com/articles/government-of-canada-announces-consultations-for-renegotiation-of-north-american-free
In Matal v Tam, the Supreme Court of the United States (the Court) unanimously found that section 2(a) of the Lanham Act was unconstitutional for violating a person’s First Amendment rights under the US Constitution.
Deeth Williams Wallhttp://www.dww.com/articles/supreme-court-of-united-states-finds-prohibition-on-registration-of-offensive-names
On June 12, 2017, the Federal Court (the Court) issued its judgment in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571, a passing off and trademark infringement action. In this case, the Court awarded Diageo Canada Inc. (Diageo) costs, damages and a permanent injunction restraining Heaven Hill Distilleries Inc. et al (Heaven Hill) from using the Admiral Nelson’s character and labels in Canada, an example of which is shown below.
Deeth Williams Wallhttp://www.dww.com/articles/captain-morgan-sails-away-treasure-trademark-infringement-case
On May 30th, 2017, the United States District Court for the Southern District of New York (the Court) granted the defendant’s motion for summary judgment in Estate of James Oscar Smith v Cash Money Records, Inc. In its decision, the Court found that the song "Pound Cake/Paris Morton Music 2", released in 2013 by Aubrey Drake Graham (Drake), fairly sampled the 1982 spoken-word recording of jazz musician James Oscar Smith (Jimmy Smith), entitled "Jimmy Smith Ra
Deeth Williams Wallhttp://www.dww.com/articles/us-district-court-dismisses-copyright-infringement-suit-against-drake-based-on-finding-of
On June 12, 2017, the Federal Court (the Court) ordered that the plaintiff’s amended statement of claim be struck, and that the patent infringement action be dismissed, on the basis that the claim disclosed no reasonable cause of action and was an abuse of process (Mostar Directional Technologies Inc v Drill-Tek Corporation, 2017 FC 575).
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-dismisses-patent-infringement-action-due-to-speculative-statement-of-claim