Sending Cease and Desist Letters in Canada
August 11, 2020
This article, originally published in the July/August 2020 issue of IP Litigator magazine, looks at the potential risks associated with sending a cease and desist letter to an alleged infringer of intellectual property rights in Canada. Read about it here.
Once a Canadian patent has issued, it can be the subject of various types of proceedings. This article will provide an overview of both proceedings that are adjudicated by the Patent Office (such as reissue and re-examination) and proceedings that are determined by the courts (such as declaratory actions in respect of infringement and validity).
Out of the Ordinary: Requirements for Describing Goods and Services in Canadian Trademark Applications
One issue trademark applicant's in Canada often face is a requirement to specify the goods and services in "ordinary commercial terms". The requirement of specificity under Canadian trademark law is arguably the highest threshold of any country. Learn more about how to overcome such objections.
In a recent decision, the Federal Court of Canada declared that the policy adopted by the Canadian Intellectual Property Office (“CIPO”) for determining subject matter eligibility of claims to computer-implemented inventions is improper. The CIPO’s policy served as a basis for rejecting many patent applications in Canada, so the decision is welcome news to applicants.