Intellectual Property Intellectual Property

CUSMA and regulatory amendments create challenges and opportunities for IP owners in 2018

There is perhaps no better illustration of the stunning rise in value of intellectual property (IP) assets than the recent trade negotiations between...

The first steps taken at the Canadian pharmaceutical patent dance

J Bradley White and Nathaniel Lipkus of Osler analyse the changes introduced by the amendments to the PMNOC Regulations.

A need-to-know guide on IP in the U.S.-Mexico-Canada Agreement

On October 1, 2018, the Government of Canada announced agreement on a deal for a modernized NAFTA, to be called the United States-Mexico-Canada...

The nascent CRISPR-Cas9 patent landscape in Canada

CRISPR-Cas9 is a transformative technology with the potential for unimaginable impact. However, two academic groups have been engaged in a...

No breaks in Europe for KitKat bars: Stripped of design protection

Europe’s highest court has invalidated trademark protection covering the shape of the KitKat bar, on the basis that it is not distinctive, in...

Canada’s IP strategy is inspired, but will it inspire innovators?

Why are we so bad at capturing IP in Canada? Because only in rare cases have Canadian business successes been driven by IP, and as a result, IP is...

Federal Court of Appeal infuses greater certainty into the Canadian obviousness analysis

In Ciba Specialty Chemicals Water Treatments Limited v SNF Inc., 2017 FCA 225, the Federal Court of Appeal suggests that trial courts may have...

Welcome to the Canadian pharmaceutical patent dance

For nearly 25 years, Canada’s Patented Medicines (Notice of Compliance) Regulations have been the cornerstone of pharmaceutical patent litigation...

Canada’s patent linkage regulations get long-awaited makeover

On July 15, 2017, the Government of Canada proposed major amendments to the Patented Medicines (Notice of Compliance) Regulations, the patent linkage...