International Reports - Archived content

Archived content for Canada

Norton Rose Fulbright Canada LLP

18 Nov 2009
Canada signs three new Patent Prosecution Highway pilot programme agreements

The launch of Patent Prosecution Highway pilot programmes with Japan, Denmark and Korea aims to accelerate examination of patent applications in one or more of those countries. Translation into English or French will be an added requirement of the programmes. Full text

28 Oct 2009
The difficulty of proper disclosure for bio-IT patents

It is already difficult to translate the promise of personalised medicine into clinically validated diagnostic tests. Now it seems the bar has been raised regarding the proper disclosure requirement in Canada. Full text

29 Jul 2009
What’s in a name - or logo, design, shape or packaging?

Executives often underestimate the value of their marketing tools when assessing their company’s worth. Indeed, the brand under which a company’s products or services are offered is often overlooked by the company in favour of the products or services themselves. This mindset can result in expensive mistakes and lost opportunities. Full text

22 Apr 2009
New Canadian trademark opposition practice

On 31st March 2009 Canadian trademark opposition practice changed when a new practice notice issued by the Trademarks Opposition Board came into force. Significant features include the introduction of a cooling-off period and clearer guidelines with respect to the granting of extensions for opposition deadlines. Full text

16 Apr 2009
Pursuing breaches of confidentiality agreements by non-contracting parties

The Ontario Superior Court of Justice recently applied the Supreme Court of Canada's 1999 Cadbury Schweppes decision - when the Ontario Court granted an injunction enjoining a party from proceeding with a hostile takeover bid based on obligations of confidence contained in an agreement it was not even a party to. Full text

16 Apr 2009
Trade secrets and confidential information

In Canada, options available to in-house counsel in the misappropriation of trade secrets and confidential information are very different to those in the United States. Full text

08 Oct 2008
Inadvertent lapse of patent rights in Canada

The Federal Court of Appeal has rendered a decision in DBC Marine, a closely watched case concerning the inadvertent lapse of patent rights. However, the ruling could have implications beyond the inadvertent abandonment of rights in a patent application. Full text

24 Sep 2008
Protecting your natural health products

Natural health products (NHPs) represent a growing market in Canada. This has made protection and dealing with regulatory authorities more important for manufacturers and sellers than ever. A myth persists that no protection of intellectual property is available for NHPs; but this is a common misconception. Full text

27 Aug 2008
Inequitable conduct in patent prosecution in Canada?

Since 1927 Canadian courts have held that a patent is not invalid simply as a result of a misrepresentation made during the prosecution of the application, at least in the absence of fraud. Allegations of such misrepresentation are frequently based on the applicant’s response to a request from the patent examiner under Rule 29 of the Patent Rules. Full text

06 Aug 2008
An international balancing act: drafting a single patent application for multiple jurisdictions

Canadian patent agents are regularly called upon to file patent applications in at least three jurisdictions - Canada, the United States and Europe. As a result, agents need to master a balancing act in order to file correctly in each jurisdiction. Full text

25 Jun 2008
Can your ideas secure your loan?

Growing companies often have issues with cash flow, and one way for them to deal with this is to use IP assets as collateral for a loan. However, by using intellectual property as security, a company agrees in advance that the lender may exercise certain rights over it should it default on the loan. Full text

14 May 2008
Patent filing in Canada: what you need to know

The Canadian patent system offers various flexible and low-cost options, particularly when compared to other industrialised countries. In addition, certain unique aspects of Canadian patent prosecution can reduce the time and expense of obtaining a patent, whether filing in Canada directly or through the Patent Cooperation Treaty. Full text

19 Mar 2008
Are Canadian financial institutions missing the boat?

Canadian financial institutions have not yet begun to file patent applications for methods of doing business, in sharp contrast to their US counterparts. If, as many believe it must, the Supreme Court of Canada does eventually concede that the Patent Act allows for this type of subject matter, Canadian financial institutions could be at a grave disadvantage. Full text

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Issue 86