A new “.xxx” top level domain has been approved specifically for use by the adult entertainment industry. Registered trademark owners who a... Read more »
Protecting Plant Varieties in Canada
Protection for new plant varieties has been available for just over twenty years in Canada. As new technologies are sought for increasing an... Read more »
No Excuses. Canada Must Deliver New Copyright Legislation To The International Community
Now that Stephen Harper has achieved majority with an unexpected May 2nd win, there is no reason why the long awaited amendments to Canada’s... Read more »
Supreme Court Decision Clarifies Relationship Between Common Law and Registered Trade-mark Rights
MASTERPIECE INC. v. ALAVIDA LIFESTYLES INC. Background and Judicial History Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are... Read more »
IMPORTANT NOTICE: Expedited Examination Eligibility
APRIL 30th DEADLINE Expedited Examination: Deadline to Request Reinstatement of Abandoned Applications As noted in our newsflash of March ... Read more »
Newsflash | Changes to Expedited Examination in Canada
Changes relating to Expedited Examination in Canada came into force on March 3, 2011. These changes include: 1. Under current provisions to... Read more »
Sold in New Jersey = Sold in Canada
In its first decision of 2011 (see Celgene Corporation v. Attorney General of Canada , 2011 SCC 1), the Supreme Court of Canada (“SCC”) cla... Read more »
Recent Developments in the Political Front Regarding Compulsory Licensing
Brand name pharmaceutical companies may want to keep themselves abreast of recent developments in respect of compulsory licensing of patente... Read more »
Another Strong Win By MBM - Empresa Cubana Del Tabaco Trading Also As Cubatabaco v. Shapiro Cohen and The Registrar Of Trade-marks
This was an appeal from two decisions of the Registrar of Trade-Marks expunging two Cohiba cigars trade-marks. The Court concludes that: 1... Read more »
MBM Wins Before the Federal Court - Repligen Corporation v. Attorney General Of Canada
The central argument in this judicial review of a patent decision – that was accepted by the Court – is below: B. The Applicant’s Oral Argu... Read more »
Driving Carefully on the PPH
As of January 29, 2011, the U.S. Patent and Trademark Office (USPTO) and the Canadian Intellectual Property Office (CIPO) have fully impleme... Read more »
Filing Away into USA
An article in the Globe & Mail on January 17, 2011 highlights the record number of patents issued to Canadians in 2010, and included the... Read more »
Clarifying the Commissioner’s Discretion under S. 8 of the Patent Act
Congratulations to MBM on a successful Judicial Review of the Commissioner of Patent’s refusal to grant a S. 8 Clerical Error remedy on beha... Read more »
A Step Closer to Claiming your Damages?
Patents, industrial designs, registered trade-mark rights, and copyright are federally granted rights in Canada, and generally enforceable i... Read more »