Intellectual Property
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January 02, 2024
New plant variety explanatory note on essentially derived varieties good news: Now what?
The breeders’ community and the whole breeding industry welcomed the approval of Explanatory Notes (EXN) on Essentially Derived Varieties (EDV) made by the International Union for the Protection of New Varieties of Plants (UPOV), which 77 members — including Canada and EU — belong to, on Oct. 27, 2023 after four years of debates and discussions. (See explanation here.)
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December 22, 2023
Federal Court finds glaucoma drug patent not obvious, declines approval for generic
The Federal Court has denied approval for a generic equivalent of a patented glaucoma medication, rejecting arguments that the patent on the medication, which was an improvement over a previous formulation, was invalid because the invention was obvious.
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December 20, 2023
New partner, two new associates join Aird & Berlis
Aird & Berlis announced that Faye Kravetz has joined the firm as a partner and member of its tax, estates and trusts and tax controversy/tax litigation groups.
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December 19, 2023
Intellectual property issues surrounding ‘Trump too-small’ debate
There should be little doubt the Supreme Court of the United States (SCOTUS) will side with that country’s patent and trademark office decision in denying trademark protection in the “Trump too small” T-shirt debate.
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December 19, 2023
Three-dimensional marks, utilitarian function
A decision of the General Court of the European Union is of interest concerning the prohibition in the Canadian Trademarks Act relating to utilitarian function as a bar to registration.
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December 18, 2023
Uncivil behaviour on rise amongst lawyers: report
Lawyers’ poor treatment of each other has become worse post-pandemic, according to a report by the Toronto Lawyers’ Association. The study, based on a recent survey involving 332 respondents from both Toronto and throughout Ontario, found that there has been a decline in “civility and professionalism” in the legal profession ever since lockdowns, self-isolation and other public health measures came to an end.
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December 14, 2023
Deferential nature of palpable and overriding error standard revisited
The applicant filed a trademark application to register the mark TRIBAL CHOCOLATE for use in association with hair care preparations. The examiner objected to the application because it was confusing, with the registered trademark TRIBAL registered for use in association with, among other goods, hair colourants and hair dyes.
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December 12, 2023
Ottawa opens pre-budget consultations for 2024 budget aimed at unaffordability, job creation
The federal government has opened public consultations which it says will “help inform” Ottawa’s priorities for next year’s federal budget, with a deadline for submissions of Feb. 9, 2024.
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December 08, 2023
Stewart McKelvey promotes four to partner
Stewart McKelvey announced that the following lawyers will be admitted as partners, effective Jan. 1, 2024, Meaghan McCaw, David Wedlake, Lauren Henderson and John Samms.
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December 08, 2023
Canada imposes new sanctions on Russian, Iranian, Myanmar regimes for human rights violations
Canada has imposed sanctions against seven foreign nationals for their gross violations of internationally-recognized human rights.