Category Archives: Analysis

Today’s Youth, Tomorrow’s Innovators: Emerging Technologies Present Challenges and Opportunities for the Creation and Protection of IP

Three person are looking at a screen with data

In celebration of this year’s theme for World IP Day, IP and Youth: Innovating for a Better Future, we are exploring the IP implications of emerging technologies that may shape our collective future: (A) artificial intelligence, (B) the metaverse, (C) non-fungible tokens, and (D) clean technologies.

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Key Takeaways from Ongoing PMPRB Litigation

Flags of Quebec and Canada

UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors and requiring that price and revenue information be reported net of all adjustments. The federal government will proceed with amendments establishing a new basket of comparator countries, with a coming-into-force date of July 1, 2022. For more information, see our Life Sciences Bulletin on the Minister’s announcement.

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This article provides an update on each of these cases and highlights the growing body of jurisprudence questioning the PMPRB’s price control reasoning.

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Trademark Year in Review: Notable Trademark Decisions in 2021

(French version available at bottom of article)

The past year has brought forward several important decisions in Canada trademark law. From depreciation of goodwill claims, objections founded on bad faith and lack of distinctiveness, several cases have highlighted certain challenges that trademark owners may face in enforcing their rights.

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Artificial Intelligence not an “Inventor” under European Patent Law: Is Canada heading down the same path?

IP designs

As reported in an earlier ANGLE post, we discussed how 2021 saw a number of patent office developments with regard to whether a non-human entity could be considered an inventor under various patent regimes.  Prior to 2021, several patent offices had considered this issue and found that A.I. could not be considered an inventor.  In 2021, however, an Australian Court found that a non-human “inventor” is not inconsistent with inventorship under Australian law and South Africa issued a patent designating an A.I. system as the inventor. 

It would appear at the end of 2021 that some patent offices were trending towards recognizing a non-human entity, like A.I. based technology, as an inventor. Could this trend continue?

Maybe not.  With a decision just before Christmas of 2021 from European authorities, any such trend may have been stopped in its tracks.

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The 2022 PMPRB Outlook for Pharmaceutical Patentees in Canada

pharma pills

UPDATE: On April 14, 2022, the Minister of Health announced that the federal government will not proceed with amendments to the Patented Medicines Regulations introducing new pharmacoeconomic factors and requiring that price and revenue information be reported net of all adjustments. The federal government will proceed with amendments establishing a new basket of comparator countries, with a coming-into-force date of July 1, 2022. For more information, see our Life Sciences Bulletin on the Minister’s announcement.
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In December 2021, the Patented Medicine Prices Review Board (the “PMPRB”) and the Minister of Health issued two updates regarding the Regulations Amending the Patented Medicines Regulations (the “Amendments”) and the new PMPRB Guidelines (the “New Guidelines”). These notably include a further deferral of the coming-into-force date of the Amendments. The updates, along with the Federal Court of Appeal’s (“FCA”) July 2021 decision in Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157 (“Alexion”), may have important implications for pharmaceutical patentees in Canada as they implement or revise their pricing strategy for 2022 and beyond.

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