Mondaq All Regions: Intellectual Property
Companies are choosing to make their patents freely available to the public, to provide inspiration to future inventors.
Whether this is your first time enforcing your Canadian patent, or you’re a frequent flyer in the Canadian courts, it is important to cover your bases before firing off a claim.
The US Federal Circuit Court of Appeals and US Supreme Court have both issued important decisions this week on the scope of US patent law.
The Bill also appears to satisfy Canada's obligations under the Anti-Counterfeiting Trade Agreement (ACTA) and will allow Canada to ratify ACTA.
The Trade-marks Act tells us that in determining whether trade-marks are confusing, the court should consider "all the surrounding circumstances".
In a ruling by the First Criminal Court, the Federal Court of Justice (BGH) put a definite end to what is known as the "self-importation model" in the import of pirate material.
According to two decisions of the Federal Court of Justice of 18.12.2012, the costs for the attorney at law participating in nullity proceedings are to be refunded under all circumstances where parallel infringement proceedings are pending.
The Court of Appeal has recently overturned a decision of the High Court that two of Apple's iPhone-related patents were invalid.
This recommendation should have a positive impact not only to deter parties from typosquatting, but also to deter parties from providing landing websites or other related services to aid registrants in domain monetization schemes.
A long time manufacturer of ceremonial paddles has recently marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek organizations’ trademarks in his advertising.
A discussion on a recent case, where the pllaintiff, The Sliding Door Company, brought an action for patent infringement against KLS Doors, LLC alleging infringement of a patent for a sliding door system.
The Supreme Court handed down a unanimous decision today in Bowman v. Monsanto, holding the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by replanting seeds after growing a first crop.
A discussion on what fan fiction authors need to know about copyright protection.
On May 10, 2013, the Court of Appeals for the Federal Circuit issued a highly anticipated, but in the end somewhat unfulfilling, en banc decision in CLS Bank v. Alice Corp., holding that claims for a computerized trading platform were ineligible subject matter under 35 U.S.C. § 101.
The Federal Circuit has recently issued a per curiam decision in CLS Bank International v. Alice Corporation Pty. Ltd., No. 2011-1301, affirming that the asserted method, computer-readable media, and system claims are not directed to eligible subject matter under 35 U.S.C. §101.
The U.S. Court of Appeals for the Federal Circuit has recently issued its "en banc" decision in "CLS Bank Int’l v. Alice Corp.".
Defendant Universal Remote Control, Inc. filed a motion to stay a patent infringement action filed by Universal Electronics, Inc. pending an Inter Partes Review in the United States Patent and Trademark Office.
Like other traditional trial proceedings, a challenger in an IPR/PGR proceeding is required to bear the burden of showing unpatentability.
The goal in branding is to create a singular, distinctive identity for your business that has the capacity to become an internationally famous mark, so, go "wild" but proceed with caution.
By Memorandum Opinion entered in Depuy Synthes Products, LLC v.Globus Medical, Inc., C.A. No. 11-652-LPS (D.Del., May 7, 2013), The Honorable Leonard P. Stark construed thirty-six (36) disputed terms found in U.S. Patent Nos.7,846,207, 7,862,616, and 7,875,076 (collectively, the "patents-in-suit").
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The Supreme Court of the United States has recently heard oral argument in "Association for Molecular Pathology v. Myriad Genetics, Inc." to decide the question, "Are human genes patentable?"
After seven years and three previous attempts at amending the Copyright Act, Canada’s Copyright Modernization Act ("Bill C-11") was finally proclaimed into force on November 7, 2012.
The 3D printing age is closer than one might think and has profound implications for retailers.
The point of Pinterest is to trawl the internet and pin other people's images, which could be a breach of copyright.
3D scanning and printing technology has the potential to revolutionise manufacturing.
India has signed the Madrid Protocol on April 08, 2013 and has become the 90th member of the Madrid Protocol.
The recent decision in Overstock v. New York Taxation and Finance paved the way for an interesting conclusion on the taxing power of New York State - and by extension, the sales tax that may be applied to many online sales, including sales by Canadian online business into the US market.
The new Act will make it easier for fashion houses to identify and pursue counterfeit importers, and repeat offenders.
While adoption of cloud increases, concerns around privacy, security and availability remain significant for business.
