Intellectual Property Intellectual Property

Competition Tribunal confirms business justification is the paramount consideration in an abuse of dominance case

On October 17, 2019, the Competition Tribunal (Tribunal) rendered its decision in CT-2016-015 Commissioner of Competition v. Vancouver Airport...

Federal Court issues landmark website-blocking injunction with significant implications for ISPs

In the first order of its kind in Canada, the Federal Court has issued an injunction directing internet service providers (ISPs) to prevent user...

Change is coming with new Canadian Patent Rules/amended Patent Act

New Canadian Patent Rules (Rules) and amendments to the Canadian Patent Act (the Act) will come into force on October 30, 2019. This Update...

Dry eye patent held invalid when viewed through proper lens

The claims of a Canadian patent are the numbered paragraphs at the end that define the scope of the legal exclusivity conferred by the patent. When...

Canada takes major steps toward enhanced biosimilar access

Over the last month, the Canadian Agency for Drugs and Technologies in Health and the Government of British Columbia have taken significant steps to...

When it comes to what you can patent, patent offices don’t always know best

In its decision in Cleveland Clinic, the U.S. Federal Circuit Court of Appeals invalidated an issued patent directed to a medical diagnostic method,...

Competition Bureau releases updated Intellectual Property Guidelines

On March 13, 2019, the Competition Bureau issued updated Intellectual Property Enforcement Guidelines, reflecting recent changes in the law and an...

Revised Abuse of Dominance Guidelines bring welcome and noteworthy guidance on numerous issues

On March 7, 2019, the Competition Bureau, under the direction of newly appointed Commissioner Boswell, released updated Abuse of Dominance...