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Intellectual
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CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Motion to uphold protective order and implied undertakings

  • April 26, 2023
  • Ken Clark

The principal of Molo Design (Plaintiff) breached the protective order in the matter by revealing to counsel in foreign jurisdictions confidential information that was disclosed by Chanel in the Canadian action, also by so doing breaching the implied undertaking rule.

Intellectual Property

Case summary: Federal Court Crocs ruling

  • March 16, 2023
  • Shaun B. Cody

This case is significant as a recent decision applying the Industrial Design Act where the Defendant, Double Diamond Distribution Ltd. (“Double Diamond”), was found liable for infringing the industrial design registration of the Plaintiffs (collectively “Crocs”) in a line of footwear that had previously been subject to industrial design registration (“the 939 Design”).

Intellectual Property

Case summary: Motion to have certain evidence in three PMNOC Section 8 actions heard together dismissed

  • March 16, 2023
  • Cheryl Cheung

Apotex Inc. (“Apotex”), Pharmascience Inc. (“Pharmascience”) and Dr. Reddy’s Laboratories Ltd. and Dr. Reddy’s Laboratories Inc. (collectively, “Dr.Reddy’s”) each commenced an action under section 8 of the Patented Medicines (Notice of Compliance) Regulations against Janssen Inc., Janssen Oncology Inc. and BTG International Ltd. (collectively, “Janssen”) in relation to the drug abiraterone acetate.

Intellectual Property

Case summary: Federal Court grants a motion for blocking access to FIFA World Cup live match for unauthorized streaming servers

  • March 16, 2023
  • Jenny Thistle and Shuang Ren

This decision stems from a motion by the Plaintiffs (Bell Media, CTV Specialty Television Enterprises, The Sports Network, and Le Reseau Des Sports (RDS)), for an interlocutory injunction order against the Third Party Respondents (various internet service providers) for a “site blocking” Order.

Intellectual Property