Out with the New, In with the Old: The F.C.A. provides Clarity on its Ability to interpret Contracts
Sep 28, 2020The FCA re-affirms the Kellogg and Clopay decisions regarding the Federal Court's ability to interpret contracts. For more details, please read the bulletin.
IP/Tech 101 for Emerging Companies
Sep 10, 2020Join us for a discussion on how early stage companies can protect, commercialize, and monetize their intellectual property assets.
No Solution? No Problem! The Federal Court of Canada Puts a Dagger in the “Problem-Solution” Approach to Patent Claims Construction
Aug 27, 2020Patents: the Federal Court has confirmed that the "problem-solution" approach to claims construction is not correct. For more details, read this bulletin.
Trademark Law: Change in Practice Regarding Extensions of Time in Examination
Aug 4, 2020CIPO has changed its practice regarding time extensions to file responses to examiner's reports. Such guidance will affect Canadian prosecution strategies.
Clorox v Chloretec: The Application of Vavilov in the Trademarks Context
Jul 23, 2020The Federal Court of Appeal confirms the application of the appellate standard of review framework to trademark opposition board decisions.
Trademarks: ‘HERBS R US Design’ Found to Depreciate the Goodwill attaching to the ‘TOYS R US Design’
Jul 15, 2020In this case, TOYS R US demonstrated that a third party's use of a similar mark likely had the effect of depreciating its goodwill. Find out more here.
COVID-19: Accelerated Examination of Patent Applications for Small Entities
Jul 14, 2020CIPO has begun piloting an accelerated examination process for technologies related to medical products and processes. See this bulletin for more details.
Implementing New NAFTA: Agreement on Everything Except the Name!
Jun 24, 2020This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.
Material Adverse Effect Clauses in a COVID-19 World
Jun 23, 2020Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.
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