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Archive For Entries On Intellectual Property

Teva v Pfizer: How Viagra Allowed the SCC to Stiffen Patent Disclosure Requirements

Canadian patent law has undergone a number of significant developments throughout the past year, with numerous issues capturing the attention of the Supreme Court of Canada (SCC). In particular, the issue of disclosure has undergone a great deal of juridical scrutiny. Disclosure constitutes a fundamental tenet of patent law aimed at striking a balance between […]

Alberta v Access Copyright: Refining Fairness

With the cost of postsecondary education at a record high, textbooks and other written materials have become increasingly difficult for students to afford. Following the passing of the Copyright Modernization Act [CMA] in 2012, which amended the Copyright Act, an opportunity was provided to teachers regarding their ability to provide students with written materials within […]

These Heels Were Made for Walking: Christian Louboutin S.A. v Yves Saint Laurent America Inc.

Last year, TheCourt.ca tackled the increasingly heated battle between two luxury fashion houses, Christian Louboutin and Yves Saint Laurent (YSL). Christian Louboutin, the famous French shoe designer best known for his heels with the red sole, sued Yves Saint Laurent for trademark infringement, claiming more than $1 million in damages. The battle began when Yves […]

Tariff, Away: Re:Sound v Motion Picture Association of Canada

By now, readers are no doubt familiar with the Supreme Court of Canada’s (SCC) July 12, 2012 release of judgments on the pentalogy of copyright cases. TheCourt.ca continues with its ongoing coverage of the cases, by considering Re:Sound v Motion Picture Association of Canada, 2012 SCC 38 (“Re:Sound”) in this post. Along with its 4 […]

Finding the Silver Lining for SOCAN in SOCAN v Bell

Growing up in a large family required frequent trips to Costco or, as it was at the time, Price Club. My mother would often do the extremely large shopping trips on her way home from work. Sometimes, however, those trips would be on the weekend – and with it came an invitation to join in […]

Amici Curiae : Toby’s Act, U.S.’s Battle Against Solitary Confinement and Canada’s New Copyright Reforms

Pride in Ontario: Amending the Ontario Human Rights Code Toronto is gearing up for what will be one of its proudest weeks yet. Ontario will not only be celebrating its booming pride community but also celebrating the Royal Assent of Bill 33, or Toby’s Act (Right to be Free from Discrimination and Harassment because of Gender Identity or […]

Appeal Watch: Hart, Three s. 8 PM(NOC) Cases and Thamby Denied Leave to Appeal

Appeal Watch: Hart, Three s. 8 PM(NOC) Cases and Thamby Denied Leave to Appeal  The Court Won’t Hear Court versus Church Earlier this week, the SCC refused to hear the case of Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada  2011 ONCA 728. While the church and the issue may be different, this […]

Golan v. Holder: Redrawing the Boundaries of the Public Domain

For many Internet users, the year started off inauspiciously. SOPA, the Stop Online Piracy Act, was introduced in the United States House of Representatives. It swiftly put websites out of business and people all over the world protested online and on the streets. The United States Supreme Court, rather quietly, came out with their decision […]

Hidden Agendas? Teva v Pfizer

In May of 2011, the Supreme Court of Canada granted Teva Canada leave to appeal the Federal Court of Appeal’s decision, Teva v. Pfizer, 2010 FCA 242. At issue is Patent ‘446 (July 2008; expires in 2014), which covers Pfizer’s sildenafil-based drug for treating erectile dysfunction (ED). Pfizer originally patented sildenafil in 1998 to treat […]

SOCAN v. Bell – The 30-Second Preview: Infringement or Fair Dealing?

Do you like to try before you buy? Also known as the “Apple iTunes” case, SOCAN v Bell considers whether the 30-second preview clips made available to consumers by online music retailers constitute an exception pursuant to s. 29 of the Copyright Act, which states: Fair dealing for the purpose of research or private study […]