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Keenan Fast

Unwrapping File Wrapper Estoppel: Some Effects of Bill C-86

To the delight of patent litigators everywhere, the doctrine of file wrapper estoppel is about to be implemented in Canadian Patent Law. After more than 18 years since Justice Binnie rejected the doctrine in Canada in his ruling in Free World Trust v Electro Santé Inc., it will come into force via Bill C-86, likely […]

The Highs and Lows of Patenting Marijuana Strains

After over 95 years of prohibition, recreational usage of marijuana will be legalized nation-wide on October 17th. While the Cannabis Act will transform cannabis breeding from an illegal cottage industry to a legitimate profession, there has so far been no corresponding change in plant breed intellectual property protection. While there are some protections under existing Canadian law, they are weak […]

Nothing to Turn Your Nose up at: Playdoh and the dawn of scent trademarks

On Friday, May 19th, Hasbro announced that the characteristic scent of their well-known Play-Doh product has been officially recognized by the United States Patent and Trademark Office as a registered trademark of the brand. This presents a major step forward in the evolution of “scent trademarks”, with Hasbro being by far the largest corporation to […]