snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: October 2012

FCA Describes Specificity Requirements for Listing Patents on the Patent Register

Posted in Patents

The Federal Court of Appeal has clarified that there must be a “high threshold of consistency” between the content of a new drug submission and a patent’s claims in order for the patent to be listed on the patent register pursuant to section 4(2)(a) of the PM(NOC) Regulations.

This decision, Gilead Sciences Canada Inc. v. The Minister of Health and The Attorney General of Canada, 2012 FCA 254 (Gilead), presents additional challenges for innovative pharmaceutical companies seeking to protect new innovations by listing patents on the patent register.

The Facts of Gilead

On October 4, 2010, Gilead filed a … Continue Reading

Tanner, How Do I… Examine an Inventor Who Lives in Canada?

Posted in Patents

Tanner, How Do I…  is a blogging series in which Steven Tanner provides helpful answers to IP law questions.

You are involved in a foreign case and want to examine an inventor of a patent.  Just one problem: the inventor lives in Canada.  Can you compel the inventor’s testimony for use in your foreign proceeding?  Yes!  And here’s how.

Examination of a Canadian inventor for use in a foreign proceeding requires a two-step approach:

  1. obtain an order from the foreign Court requesting the assistance from a Canadian Court to compel the examination of the inventor (“Foreign Order”); and
  2. obtain an
Continue Reading

CRTC Issues Guidelines on Canada’s Anti-Spam Law

Posted in E-Commerce

The CRTC has issued two sets of interpretative guidelines addressing important parts of Canada’s new anti-spam law (CASL). While guidance on CASL is welcome, these guidelines reinforce the great lengths to which many businesses will need to go to in order to ensure compliance.

The guidelines focus on the CRTC’s interpretation of the regulations it released in March, 2012 and the related provisions of CASL, and provide examples of what the CRTC considers to be compliant behavior.

By way of background, CASL was designed to regulate commercial electronic messages (CEMs) and the installation of computer programs on other … Continue Reading