October 2009
10 posts
Bill C-55 & Who can use licensed IP after...
The legal maxim that possession is nine tenths of the law may now apply, somewhat analogously, to situations of licensor bankruptcy.
New legislation which quietly came into force on September 18, 2009, clarifies that so long as the licensee “continues to perform its obligations in relation to the use of the intellectual property”, the licensee’s “right to use” will...
Supreme Court denies Eli Lilly's Evista appeal
The National Post and Bloomberg report that the Supreme Court has denied leave in Eli Lilly Canada Inc., et al. v. Apotex Inc., et al. This is a loss for Eli Lilly’s portfolio of brand name drugs in Canada and represents a victory for generic drug maker Apotex.
The Federal Court of Appeal’s short reasons will stand, affirming Justice Hughes’ decision that the patent at issue was...
westkelowna.ca - no transfer ordered
The District of Kelowna complained that a cybersquatter had registered the westkelowna.ca domain name. In its decision, the panel hearing the case denied a transfer of the domain name. The panel said, the complainant had failed to prove that it had rights in the mark. In this case, the municipality’s name was not listed in a Natural Resources Canada database, and so was not an eligible...
Developments in conflicts law
A September CBA journal article (PDF) by Julie Stauffer discussed the “trilogy” of Supreme Court of Canada cases on conflicts, and refers to the McKenna v. Gammon Gold case, in which a subsidiary of a bank sought to disqualify the plaintiffs’ counsel, Siskinds, on the basis that the firm had represented the bank in a different matter. The article suggests the ruling in McKenna is...
New trade-mark W&S manual much more detailed
The new manual is far more detailed than the previous version, with many many more wares and services described.
Also, certain terms like anchors, aprons, belts, benches, blankets, bracelets, chairs, combs, cosmetics, cushions, dishes, drapes, forks, pencils, pillows, plates, pre-recorded audio/video cassettes/tapes, rings, shampoo, sheets, staplers, staples, sterilizers, stirrups, tables,...
The Belzberg decision - FCA critical of endless...
On June 23, 2009, Justice Simpson granted judicial review and ordered that the Commissioner of Patents make a final decision on Mr. Belzberg’s Canadian Patent Application No. 2,119,921 entitled “Computerized Stock Exchange Trading System”. Belzberg’s patent was filed in 1994 and has attracted a lot of attention (and a number of protests, as well). This decision rejected the Patent...
"Intensive revision" to the Wares and Services...
CIPO’s new Wares and Services Manual has been posted. The Office claims it is “new and improved”, but it’s not yet clear how so.
Federal Court Motions - new online tools
A new practice notice entitled On line confirmation of motions and submission of draft orders was posted to the Federal Court site. Parties bringing a motion in the Federal Court must now:
1. Upload a draft order in RTF format; and
2. Using a web tool, confirm that the motion is going ahead, whether it is contested, and what issues need deciding.
Purple and proud - homecoming at my alma mater
This weekend marks another Homecoming year for my alma mater, the University of Western Ontario. I have changed my website colours to show my “purple pride”!
Happy 20th birthday to the New Patent Act!
On October 1, 1989, new legislation came into force to complete the transformation of the Canadian patent law system which had started in 1987. These legislative changes were brought on by international treaty obligations.
The most important change was the introduction of the first-to-file system — patents under the New Act would be awarded to the applicant who filed his or her application...