PCK Reporter

October 11, 2018
CSP

What Pharma Patentees Need to Know About Canada’s CSP Regime

Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018
CSP

Federal Court Clarifies its Position on Protective Orders

2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
CSP

Federal Court Dismisses Motion for Early Dismissal of Action Brought Under the New PM(NOC) Regulations

2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
September 20, 2018
CSP

Defence of Prior Disclosure Needs Material Facts

2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 18, 2018
CSP

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

2018 FC 895 – Federal Court confirms that the term “services” must be interpreted liberally; confirms that brick and mortar hotel not needed in Canada to establish use of trademark.
September 18, 2018
CSP

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

2018 FC 778 – Canada’s Federal Court confirms that foreign corporations do not need to have a brick-and-mortar store in Canada to establish use of their mark in association with services.
September 13, 2018
CSP

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
September 11, 2018
CSP

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

2018 FC 853 - The Federal Court allowed Swatch AG’s appeal of a decision of the Registrar of Trade-marks allowing Hudson Watch Inc’s opposition to Swatch’s registration of its “iSWATCH” mark.
August 28, 2018
CSP

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
August 14, 2018
3rd edition

Canadian Patent Law, 3rd Edition Book Launch

PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.