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Intellectual
Property

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: Is the promise doctrine now a purpose doctrine?

  • August 17, 2018
  • Peter W. Choe

Safe Gaming System Inc. brought an action for infringement of Canadian patent 2,331,238, entitled Safe Gaming System. The defendants are the Nova Scotia Provincial Lotteries and Casino Corporation, the Atlantic Lottery Corporation, and Tech Link International Entertainment Limited.

Intellectual Property

Case Summary: B-Side wins battle of the craft beer trademark

  • August 17, 2018
  • Shaun Cody

This matter dealt with a novel point, namely the legal effect of an applicant providing an incorrect date of first use, but the court effectively sidestepped this and decided that the registered mark was confusing with a prior unregistered mark and therefore unregisterable pursuant to s. 16(1)(a) of the Act.

Intellectual Property

Case summary: ‘Implied undertaking’ makes routine consent protective orders unnecessary

  • August 17, 2018
  • Sam Campbell

Seedlings Life Science Ventures LLC and Pfizer Canada Inc were engaged in a patent infringement dispute. Prior to documentary and oral discovery, Seedling and Pfizer agreed to numerous terms, which would operate in addition to the implied undertaking rule, in order to ensure that the confidentiality of “particularly sensitive” information would be properly protected.

Intellectual Property