A copyright holder’s only recourse in such a situation is under the notice system (note that this aspect of the CMA has yet to become law). This system will allow a copyright owner to send a notice to the ISP, in the prescribed form, claiming an infringement. The ISP is then required to forward the notice to the alleged infringer and keep records related to the identity of the infringer for a set amount of time. If the ISP fails to forward the notice, it will be liable to the copyright holders for statutory damages between $5,000 and $10,000. … [Read more...] about Canada’s Long-Awaited Copyright Modernization Takes Effect
Intellectual property institute of canada
All this changed in 2002 in the seminal decision Apotex Inc. v. Wellcome Foundation Ltd. Historically, utility had been examined by the Patent Office as of the date the patent was challenged. But in Wellcome, the SCC held that patent applicants must either demonstrate or “soundly predict” the utility of an invention as of the filing date. This effectively required applicants to evidence utility in the patent application, even though this disclosure requirement is not found in the Patent Act. Some lawyers say that makes sense, because pharmaceutical patent applications are often filed long before the clinical trial process is over. … [Read more...] about Will upcoming amendments to the Patent Act help repair Canada’s reputation?
It appears that many patent trolls do not litigate in Canada and prefer litigating in the U.S. There are several possible reasons why patent trolls would rather not litigate in Canada. First, Canada really does not have a continuation and continuation-in-part practice comparable to the U.S., and divisional applications must be filed with caution (See, Divisional Practice in the BRICs and other Countries – Part 7 of a 9-Part Series: Canada). Additionally, Canada’s Federal Court Rules can, in limited circumstances, require a Patentee to provide a security for costs before a patent infringement suit will proceed against an alleged infringer. Moreover, the Federal Court, where most patent litigation is conducted, has a few features and procedures that make Canadian patent litigation less appealing to patent trolls. These include the limited availability of interlocutory injunctions (interlocutory injunctions are rarely granted by … [Read more...] about Patent Trolls: A Global Perspective Re: Patent Infringement
The CFTC’s decision to launch LabCFTC follows regulatory initiatives in other countries to provide a “regulatory sandbox” for FinTech companies. For example, in the United Kingdom, the Financial Conduct Authority offers innovators a testing environment for new products, services, and business models and assistance in navigating regulatory requirements. … [Read more...] about Canada’s TMX Natural Gas Exchange, Blockchain-Powered Networks, CFTC FinTech Initiative: Blockchain Energizer – Volume 5: June 1, 2017
To be eligible for a CSP, the regulatory approval for the drug must be the first for that particular drug as the statute authorizing the CSP specifically excludes minor variations of pharmaceuticals that have previously been granted marketing approval (these variations include, for example, situations where two drugs differ by only an ester, salt, complex, chelate, or a post-translation modification such as PEGylation). Further, application for marketing approval in Canada must have been made within one year of a first international submission for regulatory approval of the drug in the EU (or any constituent country of the EU), the United States, Australia, Switzerland, or Japan. … [Read more...] about Canada Institutes Certificates of Supplementary Protection for Approved Drug Products