US-Canada Relations
What the End of NAFTA Could Mean for Patent Filing Trends in Canada
According to the IP Canada Report 2016, the USA is the top patent filer in Canada, with 17,966 applications in 2015, immediately followed by Canada, with 4,277 applications.[1] In 2015, the number of patent applications filed in Canada, by USA residents grew by 10%, while this number grew by only 2% for Canadian residents.[2] From […]
‘Made in America’ 2015? The TPP and the Future of Canada’s Digital Economy
The Trans-Pacific Partnership (“TPP”) agreement pages of both the Office of the United States Trade Representative and the White House display an understandable, if not provocative, logo extolling that the trade deal is “Made in America”. For a trade deal whose negotiations spanned the length of President Obama’s term in office, this is hardly surprising: with the end of […]
IP Osgoode Speaks Series Featuring Prof. Matthew Rimmer
The Trans Pacific Partnership: Copyright Law, the Creative Industries and Internet Freedom In a timely manner, only three days after the announcement of the conclusion of negotiations on the Trans-Pacific Partnership Agreement (TPP), Prof. Matthew Rimmer accepted our invitation and shared few of the hidden secrets behind the agreement as part of IP Osgoode speaks […]
Would a Keyboard by Any Other Name Feel as Sweet? BlackBerry Sues Ryan Seacrest’s Typo
BlackBerry is suing Ryan Seacrest’s iPhone keyboard case company Typo for patent infringement. The suit – which also alleges trade dress infringement, dilution, unfair business practices and unjust enrichment – has garnered headlines in Canada and the US.
Shiver Me Timbers! US Court Declines to Exert Jurisdiction Over Pirate Joe’s
In the past, Canada has been labeled as a pirate haven, but this is now literally true for Trader Joe’s lovers in Vancouver.
SickKids in Court – Are Public-Private Research Collaborations a Hindrance or a Driver of the Innovative Process?
A recent lawsuit filed by Myriad Genetics involving the alleged infringement of their controversial breast cancer screening tool has included the prestigious Toronto SickKids hospital as a co-plaintiff. This lawsuit has been a source of criticism for the hospital and has reinvigorated the debate on the merits of public-private research collaborations in health care innovation.
Time for a Change? Fraser Institute Urges Canada to Strengthen its Pharmaceutical IP Laws
A little over a week ago, the Fraser Institute, a prominent and independent Canadian public policy think tank, released a report calling for a strengthening of intellectual property protection for pharmaceuticals in Canada. The report claims that the changes would produce an increase in trade opportunities and access to foreign markets that would generate an […]
Sitting This One Out: SCC Refuses to Clarify “Promise of a Patent” Doctrine
Last month, the Supreme Court of Canada (SCC) denied leave to appeal in the case Eli Lilly Canada Inc v Novopharm Ltd, passing on an opportunity to clarify the controversial “promise of the patent” utility requirement for Canadian pharmaceutical patents.
A Cautionary Kudos: Canada Moves Up on USTR IP Watch List
Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]