Recent Insights

Federal Court Clarifies Right of Action under Subsection 6(1) of PM(NOC) Regulations Federal Court Clarifies Right of Action under Subsection 6(1) of PM(NOC) Regulations

Pharmaceutical Patent Litigation
June 12, 2019June 12, 20192019-06-12
On May 7, 2019, the Federal Court (the "Court") issued the decision Teva Canada Innovation v Pharmascience Inc., 2019 FC 595 in which it clarified the scope of actions that can be brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations").  Subsection 6(1) allows patentees to bring an action for a declaration that the future distribution of a drug would infringe their patent.  The decision addressed the issue of whether subsectio
Deeth Williams Wall https://www.dww.com/articles/federal-court-clarifies-right-of-action-under-subsection-61-of-pmnoc-regulations

Poland Challenges European Copyright Directive Poland Challenges European Copyright Directive

Copyright
June 12, 2019June 12, 20192019-06-12
On May 24, 2019, Poland officially challenged the Copyright Directive (“Directive”), by filing a complaint with the Court of Justice of the European Union. Poland claims Article 15 of the Directive amounts to digital censorship.
Deeth Williams Wall https://www.dww.com/articles/poland-challenges-european-copyright-directive

Proposed Regulations Amending the Food and Drugs Act (Improving Access to Generics) Published Proposed Regulations Amending the Food and Drugs Act (Improving Access to Generics) Published

Food and Drug
June 12, 2019June 12, 20192019-06-12
On March 30, 2019, the new proposed Regulations Amending the Food and Drug Regulations (Improving Access to Generics) (the "Regulations") were published in Canada Gazette, Part I. The proposed Regulations seek to improve access to generic medicines in Canada by clarifying the eligibility criteria of the Abbreviated New Drug Submission (“ANDS”) pathway for approving certain generic drugs.
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-amending-food-and-drugs-act-improving-access-to-generics-published

Kawhi Leonard Files “Klaw” Suit Against Nike Kawhi Leonard Files “Klaw” Suit Against Nike

Trademark and Copyright Litigation
June 12, 2019June 12, 20192019-06-12
On June 3, 2019, Toronto Raptors forward Kawhi Leonard filed a lawsuit against Nike Inc. ("Nike") seeking a declaratory judgement that: (i) Leonard is the sole author of the "Klaw" logo; (ii) Leonard’s use of the "Klaw" logo does not infringe any rights of Nike; and (iii) Nike committed fraud in registering the "Klaw" logo with the US Copyright Office.
Deeth Williams Wall https://www.dww.com/articles/kawhi-leonard-files-%E2%80%9Cklaw%E2%80%9D-suit-against-nike

Federal Court Expunges Trademark Due to Lack of Distinctiveness Federal Court Expunges Trademark Due to Lack of Distinctiveness

Trademark and Copyright Litigation
June 12, 2019June 12, 20192019-06-12
On May 18, 2019, the Federal Court of Canada (FCC) ruled in favor of 8073902 Canada Inc. and Ice Cold Distributions Inc. (Ice Cold) and expunged the trademark for “DIAL-A-BOTTLE” in 8073902 Canada Inc. v Vardy (2019 FC 743).
Deeth Williams Wall https://www.dww.com/articles/federal-court-expunges-trademark-due-to-lack-of-distinctiveness

Bill C-100 Implementing CUSMA Tabled for First Reading but Surprisingly Silent on Extension of General Copyright Term Bill C-100 Implementing CUSMA Tabled for First Reading but Surprisingly Silent on Extension of General Co...

Copyright
June 12, 2019June 12, 20192019-06-12
On May 29, 2019, the Canadian government tabled Bill C-100 (the "Bill"), entitled "An Act to implement the Agreement between Canada, the United States of America and the United Mexican States", for its first reading in the House of Commons. 
Deeth Williams Wall https://www.dww.com/articles/bill-c100-implementing-cusma-tabled-for-first-reading-but-surprisingly-silent-on-extension

Events

May 17, 2019

Richard Austin will be moderating a panel titled “AI on the Case: The Legal and Ethical Issues of Using AI-powered Investigatory Tools for Criminal and Civil Matters” at ITECHLAW’s 2019 World Technology Law Conference in Boston.  The conference runs from May 15 to 17 and the conference agenda is available here.  

May 16, 2019

Data breaches are a constant threat in today’s digital world. The question is when, not if, your client is targeted. An organization’s true measure of resiliency from a cybersecurity attack is an effective response that limits unexpected variables. You have a crucial role to play in preparations.

October 30, 2018

Jennifer Davidson will be moderating a panel on Women in Technology at CAN-TECH's 22nd Annual Conference in Montreal on October 30th, 2018.

The conference brochure is available here.