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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: Leave to amend statement of opposition permitted during opposition hearing

  • February 15, 2022
  • Hung Nguyen

ZNSI applied to register ZARA, based on use in Canada. Industria opposed based on its earlier filed application for ZARA HOME. Industria erroneously relied on section 16(3) of the old Trademarks Act, which applies to proposed use applications, instead of section 16(1), which applies to use based applications, as applicable in this case.

Intellectual Property

Federal Court vacates confidentiality designations contrary to agreement

  • February 15, 2022
  • William S. Foster

The Plaintiff, Akebia Therapeutics Inc. (“Akebia”), brought a motion requesting that the Court vacate the Defendant’s, Fibrogen Inc. (“Fibrogen”), designation of confidentiality over the entirety of two fact witness statements. The Court granted the motion on the basis that Fibrogen’s confidentiality designations were contrary to the terms of the Confidentiality Agreement between the parties.

Intellectual Property