A Reverse Payment Agreement (RPA) is an interesting point of interface between competition law and intellectual property law. One crucial issue in this regard is whether RPAs can trigger antitrust provisions. This issue had been dealt with previously here.
In Nycomed Canada Inc. v Teva Canada Limited 2012 FCA 195 (Noël, JA), the Federal Court of Appeal (FCA) considered whether the Federal Court erred in rejecting Nycomed’s counterclaim for induced infringement. The FCA upheld the lower court’s decision affirming that but-for causation must be established in order to successfully claim contributory infringement.
On September 13, 2012, IP Osgoode will be hosting a joint teleseminar with Osgoode Professional Development. The topic of the seminar will be the recent developments in copyright law as a result of Supreme Court rulings on 5 major copyright cases (known as the Copyright Pentalogy). For IP Osgoode coverage of the Copyright Pentalogy, see […]
On May 13, 2012, the Supreme Court of Israel gave a landmark decision in Civil Appeal 9183/09 The Football Association Premier League Ltd v John Doe. The Court overturned a controversial decision by Judge Michal Agmon-Gonen of the District Court in Tel Aviv-Jaffa. In that case, Judge Agmon-Gonen used the mechanism of legal transplantation to […]
Canada has been lobbying to enter the Trans-Pacific Partnership (TPP), and its efforts have seemingly paid off with an exclusive invite to the secretive nine-member club on June 19, 2012. With Ottawa championing its economic benefits and potential, there are many asking a simple question – what have we given up?
In June, Google, Inc. received some welcome news in France after the lawsuits instigated by the French Publishers Association (Syndicat national de l’édition) and the French Author’s Association (Société des gens de lettres) were withdrawn following a successfully agreed upon “framework” settlement. Google wrote on its European Public Policy blog that the new arrangement gives […]
In what seems to be a never-ending war on piracy, the Royal Navy has been seemingly substituted for an army of lawyers, and skirmishes on the seas traded for exchanges in a courtroom. In a decision that mirrors an international effort to limit access to the peer-to-peer file sharing website known as “The Pirate Bay” […]
In light of the recent Quebec student protests (see here), and the support that the protests are gaining nationwide, one might suspect that there would be a general trend towards cheaper education in Canada. However, two recent cases suggest that while that may be the case in the U.S., the same may not be true […]
The battle’s heating up, but this time it’s not in kitchen stadium – it’s in the courthouse. Today’s secret ingredient - copyright which protects reality TV shows such as Iron Chef, American Idol, Real World, Most Extreme Elimination Challenge (MXC) and Big Brother.
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. […]