Intellectual Property
Nova Chemicals Corporation v The Dow Chemical Co: The law of patent remedies takes a step forward
Introduction In Nova Chemicals Corporation v The Dow Chemical Company et al., 2022 SCC 43 (“Nova Chemicals”) the Supreme Court of Canada (“SCC”) clarified the test for determining a proper accounting of profits when it is relied upon as a statutory remedy for patent infringement. In the process of doing so, the SCC finally admitted […]
Double Royalties or Users' Rights? The SCC Interprets the Copyright Act in SOCAN
In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN], the Supreme Court of Canada (“SCC”) heard an appeal from the Federal Court of Appeal (“FCA”). The case turned on the interpretation of s. 2.4(1.1) of the Copyright Act, RSC 1985, c C-42 [the Act].
Keatley Surveying Ltd v Teranet Inc: The SCC’s Crown Copyright Case
Today (March 29) the Supreme Court of Canada (“SCC”) will hear the intellectual property case of Keatley Surveying Ltd v Teranet Inc, 37863 [Keatley] about the issue of copyright in land surveys. Keatley Surveying Ltd (“Keatley”) brought a proposed class action on behalf of all land surveyors in Ontario against Teranet Inc (“Teranet”), a private […]
Rogers Communications Inc v Voltage Pictures: Balancing Privacy and (Intellectual) Property Protection
This case has already been covered in detail by Nicole Daniels here. The case—and that post—focus more on the issue of who should bear liability for the costs of actions undertaken to combat infringement. This post focuses on the underlying reasons the SCC may have had in reaching their decision. Rogers Communications Inc v Voltage […]
Online Copyright Infringement – “It Is What It Is”?
The internet is like the wild west of the modern age. The simile may be trite, but there is no denying that the internet continues to progress faster than the law can regulate, rapidly presenting novel challenges for the courts. In particular, since the appearance of controversial sites such as Napster in the late 1990s, […]
AstraZeneca Canada Inc. v Apotex Inc.: The Supreme Court Overturns the Promise Doctrine
Patents exist to reward inventors and to facilitate the fulsome disclosure of inventions to the public’s benefit. However, prospective patents must meet statutory requirements in order to be approved. As per the Patent Act, RSC, 1985, c P-4 [Patent Act], prospective inventions must demonstrate that they are “useful” in order to enjoy protection under the Act. Unquestionably, […]
Google v Equustek: An Attempt to Domestically Govern a Global Resource
On June 28, 2017, the Supreme Court of Canada released Google Inc v Equustek Solutions Inc, 2017 SCC 34 [Google] which granted a worldwide interlocutory injunction against Google Inc. (“Google”), ordering it to remove a company’s website from its global search engines. The Court’s decision in Equustek provides new tools to intellectual property owners to […]
Google v Equustek: Courts Still Don’t Understand the Internet
On December 6th, 2016, the Supreme Court of Canada (“SCC”) heard the case of Google v Equustek. The SCC is being tasked with defining the legal obligations of online intermediaries such as Google. In coming up with these definitions, the SCC must also answer difficult questions surrounding the regulation of illegality on the internet – […]