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News and Analysis

  • Interview: Julie Desrosiers

    September 18, 2017

    Fasken Martineau's global IP and technology leader Julie Desrosiers speaks to Women in IP about patent litigation in Canada, the utility test and the benefits of team work

  • Reaction to the Access Copyright ruling in Canada

    July 18, 2017

    One observer calls Access Copyright v York University “potentially the most disruptive copyright decision we have ever seen in Canadian jurisprudence”. Issues to be resolved include what happens around a new tariff, how other universities will react and whether York will appeal

  • Canada’s Federal Court upholds interim tariff in Access Copyright ruling

    July 12, 2017

    York University is required to pay the interim tariff established by the Copyright Board of Canada in 2010, Canada’s Federal Court rules in Access Copyright v York University. The court said the tariff is “mandatory, not voluntary”

  • Captain Morgan trade mark win, Teva section 8 damages, Health Canada misfeasance – some Canadian IP cases you may have missed

    July 10, 2017

    Canada has had two blockbuster Supreme Court decisions and a record patent damages award in the past month. But there have been other recent IP cases of interest, including a rum trade mark dispute, the reinstatement of Teva's C$125m section 8 damages and a finding of misfeasance in processing Apotex’s Apo-Trazodone drug submission

  • Google’s Supreme Court of Canada loss raises censorship concerns

    June 28, 2017

    In Google v Equustek, the Supreme Court of Canada has upheld a worldwide interlocutory injunction against Google forcing the search engine to globally de-index Datalink’s websites being used to unlawfully sell the intellectual property of Equustek. The decision was welcomed by the music industry but disappointed free expression advocates

  • The Top 250 Women in IP (2017)

    May 23, 2017

    Managing Intellectual Property IP STARS has published its annual list of the leading female IP practitioners in private practice

  • Managing IP North America Awards Winners 2017

    March 24, 2017

    The North America Awards Dinner was held at the Four Seasons in Washington DC on March 23, revealing the best intellectual property law firms, individuals and cases of the past year

  • Canadian Federal Court awards Nintendo C$12.8m in TPM first

    March 14, 2017

    The Canadian Federal Court has shown it isn’t playing when it comes to copyright infringement in game industry, in the first ruling to consider technological protection measures introduced in 2012

  • Managing IP North America Awards 2017 shortlists announced

    February 07, 2017

    The shortlists for this year’s Managing IP North America Awards have been announced. The outstanding intellectual property firms and individuals in the US and Canada will be chosen from these, and revealed at a dinner in Washington DC on March 23

  • Catching up with Canada: 2016’s biggest IP cases and highlights

    January 18, 2017

    We look back on last year’s Canadian intellectual property highlights and most interesting cases, including a highly-anticipated copyright fair use ruling, clarification of the double patenting test, CETA legislation and the introduction of patent and trademark agent privilege

  • Cases to look out for in 2017 – Canada

    January 16, 2017

    Among potential trials and judgments expected in Canada in 2017 are the Supreme Court weighing in on the controversial promise doctrine, a case involving a worldwide injunction against Google.ca, and two pharmaceutical patent case appeals

  • Peter Detkin joins Sherpa, and other North America people moves

    January 10, 2017

    Sherpa Technology Group, White & Case, Arent Fox, Conversant, Hughes Hubbard & Reed and Neal Gerber & Eisenberg are among the firms making recent intellectual property hires, as well as the USPTO announcing PPAC and TPAC members

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  • Five important cases from Canada

    August 24, 2017

    Michael Loney and Natalie Rahhal analyse five IP decisions issued in Canada, two from the Supreme Court and three from the Federal Court

  • Canada: The new frontier for global IP litigation

    August 24, 2017

    The landscape for IP litigation has improved considerably in Canada. Kevin P Siu and Steven B Garland of Smart & Biggar outline the benefits for global rights owners

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