snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: February 2014

McCarthy Tétrault receives four Benchmark Canada awards

Posted in Awards and Recognitions, Intellectual Property, Patents

McCarthy Tétrault is delighted to announce that Euromoney Legal Media Group’s Benchmark Canada named partners Andrew Reddon and Steven Mason as Canada’s Intellectual Property Litigators of the Year – Patents. The award is in recognition of Mr. Reddon and Mr. Mason’s exceptional knowledge of patents and superior trial skills. The pair’s recent successes include their representation of AbbVie in its patent infringement case against Janssen related to AbbVie’s Canadian patent on anti-IL-12 antibodies. This was Canada’s first antibody engineering trial, and the action was the first in Canada dealing with the scope of protection for the new class of … Continue Reading

Copyright Law – Year in Review

Posted in Copyright, Intellectual Property

While 2013 was not a seminal year for Canadian copyright cases when compared to 2012, there were certainly some memorable decisions which provide a worthwhile read by any standards.  The following is a sampling of some of the most interesting cases of the year.  A fuller description of the below decisions can be found in Barry Sookman’s paper which was recently presented at the Law Society of Upper Canada’s 18th Annual Intellectual Property Law: The Year in Review program.  A link to the paper can be found on Sookman’s blog.

The most important copyright case of the year … Continue Reading

Patent Law Year in Review: Oil and Gas (2013)

Posted in Intellectual Property, Patents

In 2013 the Federal Court experienced a surge in patent infringement actions. Whereas 48 patent infringement actions were filed in 2012, that number rose to 101 in 2013.[1] Part of that increase came about because of growth in the oil and gas patent infringement sector. Put simply, oil and gas companies were more aggressive at enforcing their patent rights in 2013.

This blog is a review of oil and gas patent litigation in the year 2013. Specifically, we review each of the decided Federal Court cases released during the past calendar year, and provide an overview of the newly … Continue Reading

New UK Web Defamation Rules for User Content: What Canadian Website Operators Need to Know

Posted in Regulatory Compliance

The UK Defamation Act 2013 (the “Act”) came into effect on January 1, 2014.  This Act includes a variety of reforms to the UK law of defamation, including codification of the defence of “Publication on a matter of public interest”[1]; however, for Canadian website operators, the most important change is likely to be a new defence against operator liability for third-party defamatory content.

Under section 5 of the Act, website operators now have a complete defence against liability in the UK for defamatory content posted by third parties, provided that the complainant is able to identify the poster.  … Continue Reading

A Massive House-Cleaning: Canadian Government Tables Five New IP Treaties

Posted in Intellectual Property, Patents, Trade-marks

On January 28, 2014, the Government of Canada signalled its intent to transform  its intellectual property regimes by tabling five intellectual property law treaties in Parliament. If implemented into domestic law, these treaties would harmonize Canada’s trade-mark, patent and industrial design legislation with its major trading partners. Following a 21-sitting-day waiting period, the Government will be able to introduce legislation to implement these treaties. Such legislation will transform important aspects of the trade-marks practice in Canada, and will lead to significant changes in the industrial designs field as well.

Some key points and concerns about the treaties include the … Continue Reading