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Over the last few years, the courts have made it clear that obviousness-type double patenting applies in Canada and that divisional applications are vulnerable to such an attack. While there is no statutory protection in the case of enforced divisional applications, the Supreme Court of Canada has stated that patents granted on divisional applications "directed by the Patent Office" should not be open to attack by reason only of the original patent. For this reason, we generally recommend first including claims that an applicant may wish to file in a proposed voluntary divisional application in the parent application and awaiting a requisition from the examiner based on lack of unity of invention.

Comparative advertising is a type of advertising in which one's own product or service is compared with a competing product or service. If such ads specifically mention or refer to the trade mark or name of the competing product or service, they are deemed explicit or direct comparative advertising. If neither the trade mark nor the name of the competing product or service are mentioned, but may be easily ascertained by consumers, this is known as implicit or indirect comparative advertising.

A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world’s first recorded patent in 1449

Almost 400 guests attended dinners on both sides of the Atlantic in March to celebrate the winners of Managing IP's global and North America awards

Four men have been found guilty of copyright infringement in Sweden over their role in the Pirate Bay file-sharing website

With high-profile CEOs, David Stone and Sarah Bailey examine how trade mark managers can take responsibility for the boss's brand

The concept of fair use is designed to balance the rights of IP owners with those of users. Luis Schmidt of Olivares & Cia explains the rules in Mexico

Correspondents in Central America provide an overview of parallel imports and border measures in the DR/CAFTA region, which encompasses the United States of America, Dominican Republic, Guatemala, El Salvador, Honduras, Nicaragua and Costa Rica

Despite extensive case law, there are still unanswered questions about repackaging of pharmaceutical products in the EU. Niels Lagerkvist Lehmann of Valea reviews the latest developments

UDRP decisions often address cases where there are trade mark licences involved. Hee-Eun Kim of WIPO examines what conclusions panels have reached, and provides some lessons for licensors and licensees