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Canada

A View to a Kill: Montreal ‘Body Parts’ Murder Brings Array of Secondary Legal Issues

When suspected Montreal “body parts” killer, Luka Magnotta, was detained in Berlin on June 4 following an international manhunt, only one small piece of a complex legal web was resolved. In addition to the ongoing murder investigation, digital issues involving web hosting of explicit content and concerns about trademark denigration have been thrust to the […]

Happy(?) Birthday, Bill C-11!

After years of debate (almost 15, to be precise) and numerous revisions and cancellations (4, to be precise), Bill C-11 or An Act to Amend the Copyright Act, arguably the most controversial set of changes to the Canadian Copyright Act (R.S.C., 1985, c. C-42), has just been passed by a vote of 158 to 135. […]

Navajo Nation Sues Urban Outfitters Inc

On February 28th 2012, the Navajo Nation filed a lawsuit against Urban Outfitters Inc. and its subsidiaries in the District Court of New Mexico for ‘trademark infringement, trademark dilution, unfair competition and commercial practice laws violation and for the violation of The Indian Arts and Crafts Act’. The basis of the Navajo Nation’s complaint was […]

Breakthrough: Canadian Scientists Discover Old Drug May Kill Cancer Stem Cells

A team of Hamilton scientists at the Stem Cell and Cancer Research Institute (SCC-RI) of McMaster University have made a breakthrough discovery (reported by CTV here) with the potential to significantly impact future cancer treatment, and provide new hope for people living with cancer including tens of thousands of Canadians. Published in last Thursday’s edition […]

From Russia With Love: Theft Conviction of Former Goldman Sachs Programmer Overturned at Appeal due to Nature of Property

This April, the United States Court of Appeals ruled that Sergey Aleynikov, former Goldman Sachs software developer-turned convicted thief and spy, was wrongly charged and convicted of theft and espionage under the rationale that software code is not physical property and thereby not subject to theft. This ruling sparks the debate about whether criminal courts […]

Stealth Bombers Back on the Radar – The Anton Piller Order

As the author of the highly publicized decisions of Kerwhizz and Temple Island Collections, Judge Birss of the England and Wales Patent County Court (PCC) is no stranger to controversy. In his latest judgment, Suh v Ryu, Birss J appeared to settle a relatively straightforward procedural matter. Closer scrutiny reveals that his reasons are reflective […]

Servier v Apotex: Illegality Earns $17.5 Million in Damages

Normally, doing something that breaks the law earns you a punishment, including a fine, community service, or even imprisonment. However, when Apotex Inc., a large generic pharmaceutical company, began producing and selling a drug that Servier Laboratories Limited, another large pharmaceutical company, had patented, Apotex was awarded $17.5 million.

One Step Closer: Bill C-11

May 14, 2012 brings the latest attempt at copyright reform, Bill C-11 one step closer to fruition. Bill C-11 began with its Introduction and Initial Reading before the House in September of 2011, and is presently, as of May 14 2012, in its Report Stage. Otherwise known as Canada’s Copyright Modernization Act, Bill C-11 was […]

Two Years to Trial, Three Years Later

Three years ago, the Federal Court announced a plan to try to schedule trials within two years of the commencement of the proceeding. Since that time, many new patent cases have been commenced and some trials have been scheduled and heard. Has the court met its goals for patent infringement actions? In Canada, most patent […]