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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: Case where Federal Court finds PMPRB’s conclusion that a patent “pertained to” a drug reasonable

  • May 06, 2024
  • Cheryl Cheung

This Judgment and Reasons dealt with an application for judicial review brought by Galderma in respect of a decision by the Patented Medicines Prices Review Board (the “Board”) which found that the invention of Canadian Patent 2,478,237 pertained to, or could be used for, Galderma’s product DIFFERIN.

Intellectual Property

Case summary: Coors retains Miller High Life trademark registrations despite lack of use

  • May 06, 2024
  • Michal Kasprowicz

This was an appeal of a section 45 proceeding raised against three registered trademarks owned by Coors, related to the marketing of Miller High Life beer as “The Champagne of Beers.” Despite Coors not providing evidence of use, the Registrar of Trademarks maintained the registrations, finding that special circumstances excused non-use. The Federal Court upheld the Registrar’s finding.

Intellectual Property