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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...

Supreme Court clarifies test for personal liability of directors for oppressive conduct

In its decision released today in Wilson v Alharayeri, the Supreme Court of Canada affirmed the test as to when liability may be assigned to...

The Court of Appeal confirms that the franchisor’s duty to inform can extend to third parties

In the case of Camions Daimler Canada ltée c. Camions Sterling de Lévis inc., 2017 QCCA 798, the Court of Appeal confirmed that the duty to inform...

The importance of signing a proper franchise agreement

The case of Duchesneau c. Gestion Milsa inc., 2017 QCCS 1593 serves as a reminder of the importance of signing a franchise agreement before starting...

Major U.S. court decisions change patent landscape for Canadian companies

A pair of recent U.S. Supreme Court decisions in patent cases have the potential to alter the risk landscape for cross-border commercialization.

Supreme Court holds that promises are not the yardstick to measure patent utility in Canada

The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. The Supreme Court rejected the “promise...

The Jordan framework applies to contempt of court proceedings in civil matters

In St-Amour v. Major, the Superior Court decided that the new framework defined by the Supreme Court in R. v. Jordan regarding the right to a trial...

Supreme Court of Canada upholds global search engine de-indexing decision: Five implications for internet intermediaries

On June 27, 2017, the Supreme Court of Canada upheld an injunction that requires Google to remove an entire website from its global search index, in...

Supreme Court of Canada lends an enforcement hand to intellectual property right owners

In Google Inc v Equustek Solutions Inc, 2017 SCC 34 (June 28, 2017) (Equustek), the Supreme Court held that Canadian courts have discretion to issue...

Target benefit plans in Canada — Estates, Trust & Pensions Journal (Vol. 36)

Jana Steele offers a comprehensive overview and comparison of the key attributes of TBPs.