Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Category Archives: Intellectual Property

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What will Justice Nadon’s appointment bring to the Supreme Court?

Posted in Aboriginal, Administrative, Charter of Rights, Class Actions, Competition, Intellectual Property, Tax

Background Earlier this week, the Prime Minister surprised many Supreme Court-watchers by nominating the Honourable Marc Nadon to replace Justice Fish at the Supreme Court of Canada. Given this recent appointment, the Canadian Appeals Monitor has taken a look at Nadon J.’s jurisprudential legacy to date and identified key cases which illustrate his judicial leanings, especially… → Read More

UK Supreme Court Confirms – No Breach of Confidence without a Breach… or Confidence

Posted in Case Comments, Contracts, Corporate Law, Intellectual Property, Manufacturing

Introduction In a knowledge economy protection of trade secrets is critical to a corporation’s continued success and profitability. The misuse of trade secrets by competitors can be devastating to a corporation’s position in the marketplace. That is particularly true when it is ex-employees who are misusing trade secrets to compete against their former employer. In… → Read More

Compliance Not Optional: Crown Not Immune from Copyright Act

Posted in Case Comments, Intellectual Property, Media

Is the Crown immune from paying tariffs under the Copyright Act? On March 31, 2004 and March 31, 2009, the Canadian Copyright Licensing Agency, operating as Access Copyright, filed proposed tariffs claiming royalties for the reproduction of published works by employees of the provincial and territorial governments other than Quebec. The provinces and territories objected… → Read More

A Further Limitation on the Ability of the Generic Drug Companies to Chase the Profits of Innovators?

Posted in Case Previews, Intellectual Property

Can a generic drug company bring an action for disgorgement of profits when an innovator pharmaceutical company is ultimately unsuccessful in invoking the Patented Medicines (Notice of Compliance) Regulations?  That question is now going to be determined by the Divisional Court, according to a recent decision that strikes another blow to generic drug companies in… → Read More

This Week at the SCC (14/12/2012)

Posted in Aboriginal, Communications, Conflict of Laws, Health, Intellectual Property, Labour and Employment, Media, Professions, Regulatory, This Week at the SCC

Cases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168, 2012 SCC 68, Rothstein J. for the majority of the Court held that the Canadian Radio-television and Telecommunications Commission (“CRTC”) lacked the jurisdiction to… → Read More

This Week at the SCC (30/11/2012)

Posted in Bankruptcy and Debt, Intellectual Property, Labour and Employment, Professions, Securities, This Week at the SCC

Cases Decided The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions. In Construction Labour Relations v. Driver Iron Inc., 2012 SCC 65, the Court held the Alberta Court of Appeal erred in quashing a decision of the Alberta Labour Relations Board on judicial review.  The Court’s brief judgment… → Read More

Infringing via the Unspoken: Marlboro Appeal Increases Scope of Confusion for Trade-marks Infringement

Posted in Administrative, Case Comments, Intellectual Property

In an eagerly anticipated decision, the Federal Court of Appeal has allowed in part Imperial Tobacco’s unique infringement lawsuit against Philip Morris in the Marlboro Canada Ltd. v. Philip Morris Products S.A. decision. This  lawsuit involved the first cigarette package in the world that bore no brand name, with the plaintiff claiming instead that the… → Read More

“Idea Theft” Lawsuits Gain New Life in United States

Posted in Case Comments, Contracts, Intellectual Property, Media

Introduction In a case with several important echoes to Canadian appellate law, the United States Court of Appeals for the Second Circuit has revived the actor’s Hayden Christensen’s “idea theft” lawsuit against the USA Network this week in the Forest Park Pictures v. Universal Television Network Inc. decision. Background In 2005, the plaintiffs developed a concept… → Read More

Second Circuit Hears YouTube DMCA Cases

Posted in Case Comments, Communications, Intellectual Property, Media

In mid-October, the influential United States Court of Appeals for the Second Circuit heard oral arguments in a $1-billion battle over the responsibility of Internet intermediaries for infringing content posted by third parties on their systems. The appeal in Viacom Intl. v. YouTube Inc. involves crucial questions that may have a ripple effect on litigation taking… → Read More

Defence Contractor Appeals Disclosure of Contractual Information

Posted in Administrative, Case Comments, Intellectual Property

In a case that will be of interest to any parties involved in government procurement, Top Aces Consulting Inc. is appealing the decision of the Federal Court to permit the disclosure of pricing information pursuant to s. 44 of the Access to Information Act. Top Aces is an airborne training services contractor that had been… → Read More