Standard of Review For Appeals From The Trademarks Opposition Board in Canada
November 04, 2020
This article, originally published in the September/October 2020 issue of IP Litigator magazine, looks at the revised the standard of review for appeals from various administrative boards in Canada, including from the Trademarks Opposition Board. Read about it here.
In Canada, defendants in patent infringement proceedings often plead that the asserted claims are invalid for being overbroad. The doctrine of overbreadth (sometimes referred to as “covetous claiming”) stems from the bargain at the heart of the patent system; it seeks to limit claims to only the invention disclosed to the public in the specification. The doctrine of overbreadth applies where claims are directed to (a) more than is described in a patent, or (b) more than the inventor has invented.
Like most countries, Canada has a system in place that allows owners of certain intellectual property rights to ask Customs to detain goods at the border that may infringe those rights. This article discusses the details of Canada’s system of border enforcement.
A Concrete Reason to Consider Template Contracts: Patterned Concrete Mississauga Inc v Bomanite Toronto Ltd
A recent decision of the Federal Court of Canada highlights the risks for companies adopting what appear to be "template" or industry standard documents. In such cases, care need to be taken to ensure that you are not infringing copyright.