Health Canada has recently issued three notices for drug sponsors that relate to the Intellectual Property (“IP”) Hold letters, mandatory filing of some regulatory activities in Electronic Common Technical Document (eCTD) format and updates to the Guidance Document on data protection of “innovative drugs”, respectively. A summary of each of these notices are provided below:
Deeth Williams Wallhttp://www.dww.com/articles/health-canada-issues-three-key-notices-to-drug-sponsors
On April 28, 2017, Canada’s Trademark Opposition Board (Board) refused Boehringer Ingelheim’s (BI) trade-mark applications for the product appearance or “get-up” of its asthma medications inhaler after concluding that the appearance of the inhaler was not distinctive (Canadian Generic Pharmaceutical Association v Boehringer Ingelheim Pharma GmbH & Co.
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-trademark-opposition-board-finds-trademarks-consisting-of-product-appearance-for
On April 27, 2017, the Intellectual Property (Unjustified Threats) Bill received Royal Assent in the UK. It is expected to come into law in October 2017. The new Act amends the current law relating to unjustified threats regarding proceedings for infringement of patents, registered trademarks, registered designed, design rights and Community designs.
Deeth Williams Wallhttp://www.dww.com/articles/new-uk-law-sets-guidelines-for-unjustified-threats-regarding-intellectual-property-right
In Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125, the Alberta Court of Appeal chose to maintain the balance struck by the regulatory regime between the public’s interest in accessing of
Deeth Williams Wallhttp://www.dww.com/articles/unanimous-appellate-decision-upholds-balance-of-regulatory-regime-as-a-full-defence
On May 16, 2017, Bill C-30, the proposed federal legislation to implement Canada’s rights and commitments under the Canada-EU Comprehensive Economic and Trade Agreement (CETA), received Royal Assent by the Governor General. Prior to receiving Royal Assent, the Senate of Canada completed the Third Reading of Bill C-30 and passed the bill on May 11, 2017 without any amendments.
Deeth Williams Wallhttp://www.dww.com/articles/senate-passed-bill-c30-%E2%80%93-ceta-implementation-act
In a decision released April 20, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) concluded that Quebecor Media Inc, Videotron Ltd, and Videotron GP (collectively, Videotron) gave an undue preference to subscribers who accessed the Unlimited Music
Deeth Williams Wallhttp://www.dww.com/articles/crtc-directs-videotron-to-comply-telecommunications-act
The Federal Court in Eli Lilly Canada Inc v Teva Canada Ltd, 2017 FC 88 established how to calculate the section 8 damages Teva was entitled to as a result of being prevented from entering the olanzapine market in 2006-2007.
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-outlines-how-to-calculate-section-8-damages-clarifies-evidentiary-issues-and
On April 19, 2017, Canada’s Federal Court (FC) issued a decision regarding how to calculate the financial remedy payable by the defendant, Nova Chemicals Corporation (Nova), to the plaintiffs (collectively Dow) as a result of Nova’s infringement of Dow’s Canadian Patent No 2,160,705 (The Dow Chemical Company v Nova Chemicals Corporation, 2017 FC 350). Previously, the FC found that Dow’s paten
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-federal-court-awards-%E2%80%9Cspringboard%E2%80%9D-profits-patent-infringement-case
The issue of landlord liability in tenant counterfeit is novel to Canadian Courts, although the US and China have found liability in similar situations. Recently, a Canadian Court has opened a door to such claims.
Deeth Williams Wallhttp://www.dww.com/articles/louis-vuitton-takes-aim-at-flea-market-landlords-counterfeit-goods-action
On April 6, 2017, Canada’s Federal Court of Appeal (FCA) reversed the Federal Court’s (FC) finding that Apotex failed to mitigate its losses in its action against Health Canada for damages as a result of Health Canada’s misfeasance of public office and negligence (Apotex Inc v Canada (Minister of Health), 2017 FCA 73, rev’g in part 2014 FC 1087).
Deeth Williams Wallhttp://www.dww.com/articles/duty-to-mitigate-should-consider-reasonableness-of-party%E2%80%99s-actual-course-of-conduct
On April 18, 2017, the Office of the Privacy Commissioner of Canada (OPC) released tips for ensuring privacy while using wearable technologies, such as fitness trackers.
Wearable technologies have raised privacy concerns as they collect data in real time about a user’s day-to-day activities, choices, and environment. This data may be used in unexpected ways, such as shared with third parties or posted on the internet.
As a result, the OPC offered the following tips to users:
Deeth Williams Wallhttp://www.dww.com/articles/privacy-commissioner-of-canada-provides-tips-on-ensuring-privacy-when-using-wearable
On April 20, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) published a new framework regarding differential pricing practices of Internet service providers (ISPs) (Framework).
Deeth Williams Wallhttp://www.dww.com/articles/crtc-publishes-new-framework-regarding-differential-pricing-practices-respect-of-net
In Securus Tech v Global Tel*Link (Fed. Cir. 2017), the Federal Circuit vacated in part and remanded the USPTO, Patent Trial and Appeal Board’s (the “Board”) obviousness determination of Securus Technologies, Inc’s US Patent No 7,860,222 (the 222 patent), finding that the Board failed to provide any reasoning for its decision with respect to certain challenged claims.
Deeth Williams Wallhttp://www.dww.com/articles/federal-circuit-rules-ptab-must-provide-sufficient-reasons-to-justify-obviousness-findings