Supreme Court of Canada eliminates Promise of Patent Doctrine

On June 30, 2017, in Case Law, Legislation, News, Patents, by Natalie Raffoul

In an exciting decision released today, the Supreme Court of Canada eliminates the Promise Doctrine in Canadian patent law, which was established by the Federal Courts of Canada some years ago. Under the Promise Doctrine, patents could be invalidated if they did not live up to all of the promises made in the patent, such as […]

Supreme Court to Consider BC Court Order Vs. Google

On December 15, 2016, in News, Trademarks, by Paula Clancy

This week the Supreme Court of Canada heard an appeal by Google against a 2015 decision of the Supreme Court of British Columbia requiring Google to remove hundreds of links and to modify search results in order to block traffic to websites carrying infringing products.  Click here to see a webcast of the SCC hearing.  […]

Pro-Consumer Copyright Decisions Released by the Supreme Court of Canada

On July 13, 2012, in Case Law, News, by Rigadoon New Media

Five copyright decisions were released yesterday by the Supreme Court of Canada.  The decisions are generally consumer friendly decisions that will benefit consumers who like to download music from services such as Apple’s iTunes, AmazonMP3, or Spotify, and students who like to have freely available photocopies of educational materials. In short, the Canadian Copyright Licensing […]

Supreme Court Clarifies Likelihood of Confusion Test in Masterpiece Inc. v. Alavida Lifestyles Inc.

On July 15, 2011, in News, by Paula Clancy

On May 25, 2011, the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., in which it clarified the basic approach for assessing a likelihood of confusion between a registered and unregistered mark and provided confirmation that Canada’s trade-mark regime is based upon first-use. Masterpiece Inc., a retirement residence operator, […]