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Propriété
intellectuelle

Section du droit de la propriété intellectuelle de l’ABC

Les articles de la Section du droit de la propriĂ©tĂ© intellectuelle de l’ABC sont publiĂ©s par la Section du droit de la propriĂ©tĂ© intellectuelle. Les membres qui souhaitent proposer des articles sont invitĂ©s Ă  les envoyer Ă  la section Ă  : droitproprieteintellectuelleABC@cba.org.

AujourdĘĽhui
AujourdĘĽhui

Case summary: Costs following summary trial awarded on a lump sum basis

  • 22 aoĂ»t 2023
  • Michal Kasprowicz

The defendants, Binal Patel and Balsam Day Spa brought an ultimately unsuccessful motion for summary trial within the context of an action for trademark and copyright infringement. The Federal Court held that summary trial was appropriate, found that infringement had occurred, and dismissed the defendants’ counterclaim. Having been unable to reach an agreement on costs, the parties provided submissions to the Court.

Propriété intellectuelle

Case summary: Federal Court dismisses plaintiff’s motion in copyright infringement lawsuit

  • 22 aoĂ»t 2023
  • Homira Haqani

In this copyright infringement lawsuit, self-represented Plaintiff, Mr. Johnson, filed a motion seeking various remedies against several defendants, including professional tennis players and Tennis Canada. The case involved a dispute over copyright issues, and Associate Judge Coughlan was appointed to handle the matter. Mr. Johnson's motion aimed to appeal the decision made by Associate Judge Coughlan on January 11, 2023.

Propriété intellectuelle

Case summary: Federal Court declines to compel answers in second motion to compel

  • 22 aoĂ»t 2023
  • Natasha Gulati

In this copyright infringement proceeding, the Defendants brought a second motion to compel seeking to compel answers to questions that were the subject of an earlier ruling. The earlier ruling was not appealed, and no evidence was introduced on the second motion that any fact addressed in an affidavit ordered to be produced by the Plaintiff on the first motion was unknown at the time of initial examination.

Propriété intellectuelle

Case summary: Civil contempt for breach of Anton Piller Order

  • 22 aoĂ»t 2023
  • Ken Clark

This is the first stage of a contempt proceeding between Bell Media and two individuals and their corporation who are accused of infringing the copyright of Bell and other rightsholders by providing unlawful IP tv services.

Propriété intellectuelle

Case Summary: Stay of patent impeachment action not granted pending re-examination

  • 21 aoĂ»t 2023
  • Cheryl Cheung

This decision related to a motion brought by the Defendant, uniQure BioPharma B.V., where the main action (the “Action”), brought by Pfizer Canada ULC and Pfizer Inc. (collectively, “Pfizer”), was to impeach uniQure’s Canadian Patent No. 2,737,094. The motion was for a stay of the proceeding on the basis that the 094 Patent was being re-examined at uniQure’s request, and in that process the scope of the claims and the issues in the proceeding may be narrowed.

Propriété intellectuelle