Expertise

Client Work

Cirque du Soleil in New Partnership with Dubai World

Acted for Cirque du Soleil in the acquisition of a 20% stake by Istithmar World and Nakheel, units of Dubai World.  More

Domtar Enters Agreement to Sell its Forest Products Business for Approximately $285M

Counsel to Domtar Corporation in its agreement for the sale of its forest products business to the newly created Conifex Inc. for approximately $285 million including an estimated $50 million of working capital.  More

Valeant Canada is Granted Commercialization Rights in Canada to Xyrem® by Jazz Pharmaceuticals

Successfully represented Valeant Canada in acquiring Canadian commercialization rights for Xyrem® (sodium oxybate) in oral solution from Jazz Pharmaceuticals. Xyrem® is used in the treatment of narcolepsy.  More

Merck Successfully Defends Patent for Lisinopril

Represented Merck in a successful patent case in which the Federal Court of Appeal maintained a trial judgment that found Merck's patent for the medicine Lisinopril to be valid and infringed by Apotex Inc.  More

Atrium Sells Active Ingredients and Specialty Chemicals Division to AXA Private Equity

Represented Atrium Innovations in the sale of its Active Ingredients and Specialty Chemicals division to AXA Private Equity for total proceeds of US$166,400,000.  More

Events

IPIC and NY State Bar Association IP Law Section Summer Meeting

Brian Daley moderates Comparing Pharmaceutical Litigation in Canada and in the United States. Daniel Drapeau presents Recent Anti-Piracy Developments in Canada.  More

Intellectual Property Rights: A Catalyst for Innovation

Panel Discussion: Intellectual Property Development, Management and Protection  More

The Eighth Annual IT Law Spring Training Program

Robert Percival will present a course on Understanding the Importance of IP Rights on an IT Deal.  More

IP Strategies for Medical Devices

Christopher Hunter and Christine Wong lead this seminar on intellectual property and medical devices as part of the MaRS Best Practices series.  More

Drug Patents and Legal Forum

Josée S. Gravelle and Jason C. Markwell speak on Canadian access to medicines regime and marketing pharmaceutical products in Canada.  More

Publications

Canada's Access to Medicines Regime

In September 2007, Canada became the first WTO member to authorize an antiviral drug for export, to Rwanda, under Canada's Access to Medicines Regime. The medicine has yet to reach Rwanda and criticism has been levied at CAMR as a result.  More

Canada and the United States Launch a Joint Pilot Program for Accelerating Patent Examinations

On January 28, 2008, the Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) will launch a joint pilot program aimed at creating a fast track examination process for patent applications.  More

Ogilvy Renault Annual Review 2006

2006 was an exciting year for our clients, lawyers and agents. We are particularly proud of our client-focused approach to providing service-a perspective clearly appreciated by those we serve.  More

U.S. Patent and Trademark Office Rule Changes Put on Hold

In August 2007, we reported that the United States Patent and Trademark Office (USPTO) had adopted new rules of practice which, in some instances, would significantly change the way patent applications are prepared, filed, and prosecuted in the U.S.  More

The London Agreement Reduces Translation Requirements for European Patents

It will soon become significantly less costly to obtain patent protection in European countries.  More

Changes to Canadian Trade-Mark Opposition Practice in Force as of October 1, 2007

On October 1, 2007, the Canadian Trade-marks Office implemented changes to the procedures followed by the Trade-marks Opposition Board.  More

Canada's Federal Court of Appeal Makes Important Decision in Patent Invalidity for Obviousness

George Locke, a partner in the IP group, wrote this article in the October 2007 issue of the international IP publication Patent World.  More

Highlights of the U.S. Patent and Trademark Office Rule Changes

The United States Patent and Trademark Office (USPTO) has now adopted new rules of practice which, in some instances, will significantly change the way patent applications are prepared, filed, and prosecuted in the U.S.  More

The spirit of the law -The Spirits International case

In Canada, trademark rights are acquired and maintained through use.  More

Grey goods may or may not constitute copyright infringement

On July 26, 2007, Canada's highest court rendered an important decision which will be of interest to those who distribute imported goods in Canada.  More

The Selective Distribution of Brand Name Products in Canada

On March 23, 2007, the Competition Tribunal ("Tribunal") rendered a decision concerning the supply of (or refusal to supply) brand name wares to department stores.  More

Statutory Copyright Damages Come of Age

In December 2006, the Federal Court of Canada rendered a decision where it awarded $500,000 in damages for copyright infringement in the field of software.  More

New U.S. Supreme Court Ruling: Increased Power Afforded to Patent Licensees

On January 9, 2007, the United States Supreme Court ruled that a patent licensee is no longer required to terminate or breach its licence agreement in order to seek a declaratory judgment that the underlying patent is invalid, unenforceable or not ...  More

Former Distributor Retains Legitimate Interest in Disputed Domain Name

On November 15, 2006, in a domain name dispute submitted to the National Arbitration Forum pursuant to the Uniform Domain Name Dispute Resolution Policy (the "Policy") of the Internet Corporation For Assigned Names and Numbers (ICANN), an arbitration ...  More

Permission to search

On 27 July 2006, Canada's highest judicial instance rendered its first decision1 on Anton Piller2 Orders (APO), an effective remedy often used by intellectual property rights owners to preserve evidence in their fight against counterfeit products.  More

The State of Famous Marks in Canada

On June 2, 2006, Canada's highest court, the Supreme Court of Canada, allowed the mark CLIQUOT, used in relation with women's clothing boutiques, to co-exist in the marketplace with the famous VEUVE CLICQUOT branded champagnes, and allowed the mark ...  More

Federal Government enacts key changes to the PM(NOC) Regulations and to the data protection provisions of the Food and Drug Regulations

The Government of Canada announced today that it has passed significant amendments to the Patented Medicines (Notice of Compliance) Regulations and the Food and Drug Regulations.  More

Federal Court of Appeal Upholds Fix for Incorrect Claims of Small Entity Status

The Federal Court of Appeal has ruled that section 78.6 of the Patent Act, which came into force earlier this year, is effective in addressing problems caused by the payment of certain fees associated with patents and patent applications as a small ...  More

Can a Patent Be Invalid as a Result of Misrepresentations Made During Prosecution of the Application?

A recent decision of the Federal Court of Appeal has called into question the long-held principle that a patent cannot be held invalid simply because of misrepresentations made during prosecution of a patent application, at least in the absence of fraud.  More

Ogilvy Renault LLP 2005 Annual Review

We are pleased to share the following 2005 highlights from our four main practice areas: Business Law, Litigation, Intellectual Property and Employment and Labour Law.  More

Grey Goods: Encouraging News for Canadian Distributors

The bane of local distributors. They are genuine, thereby escaping anti-counterfeiting recourses based on trade-mark registrations,[i] but they are imported and sold in violation of the Canadian distributor's rights.  More

Bill C-29 - An Act to amend the Patent Act CORRECTION TO SMALL ENTITY

The Canadian Government has amended the Patent Act to allow corrective payments on patents and applications in order to overcome the drastic results of the Canadian Federal Court of Appeal decision in Barton No-Till Disk et al v. Dutch Industries ...  More

Measures to Address Problems Arising from Past Small Entity Status Claims to Come into Force on February 1, 2006

The Federal Government has set a date for the coming into force of its response to the problem of owners of patents and patent applications paying certain associated fees as a "small entity" when they should not have paid such fees as a small entity.  More

Kirkbi & Lego Are Blocked from Asserting a Functional Trade-Mark

LEGO building blocks have fired the imagination of children and those young at heart for many years.  More

Summary Judgment in Patent Infringement Cases: Three Helpful Recent Decisions

In the three-week period between June 15 and July 6 of this year, Mr. Justice Hugessen of the Federal Court of Canada issued three decisions on motions for summary judgment brought by defendants in patent infringement actions.  More

Protecting Confidential Information in the Workplace: Ontario Decisions Strengthen Employers' Arsenal

Never has the old adage "knowledge is power" been more true than in the modern business era where know-how is often a company's most valuable asset.  More

Canada's New Law Permitting Compulsory Licences for Export of Pharmaceuticals Comes into Force

In July 2004, we distributed an information bulletin entitled "Canada Amends Patent Law to Allow Compulsory Licences for Export of Pharmaceuticals."  More

Quebec Budget Supports Growth in Intellectual Property

As part of its annual Budget tabled on April 21, 2005, the Quebec Government announced a number of measures designed to foster the development of intellectual property.  More

PM(NOC) Regulations Section 8 Damages - A Glimmer of Hope

To date, the Federal Court of Appeal has been reluctant to interpret Section 8 of PM(NOC) Regulations based on its plain meaning.  More

New Rules for Technology Licensing

Licensing helps disseminate innovations and allows companies to integrate and use complementary technologies and capabilities.  More

Proposed Regulations Governing Compulsory Licences for Export of Drugs and Devices

Canada has become the first country in the world to implement the August 30, 2003 decision of the General Council of the World Trade Organization (WTO), allowing compulsory licences for the export of pharmaceutical products (drugs and devices).  More

Copyright: A solution to grey market blues

You've worked hard to set up a comprehensive licensing program. It has paid off: you're able to generate almost pure revenue, with very little overhead. Why do silver linings only come with clouds?  More

Intellectual Property Due Diligence

Due diligence with respect to intellectual property assets, including patents, is becoming increasingly important asthe value of these assets rises. Clients require accurate and practical information with respect to intellectualproperty assets...  More

IP ENews

September 2003Intellectual Property Group NEWS * The Canadian Government has announced that it will introduce retroactive legislation to fix the problem created by the trial level and Court of Appeal decisions in the Dutch...  More

"Small Entity" Status in Canada Following Federal Court of Appeal Decision

"Small Entity" Status in Canada Following Federal Court of Appeal DecisionJune 10, 2003 Intellectual Property GroupBACKGROUNDFor many years, patent applicants in Canada could pay reduced government fees, typically 50% less ...  More

Excluding Goods from Anti dumping Findings: the CITT Opens a New Avenue for Importers

As a result of a recent decision, importers and exporters of goods to Canada that are subject to an existing anti-dumping finding may now be able to obtain an exclusion from the finding (and thereby stop paying anti-dumping duties) if the importer ...  More

Pharmaceuticals and the WTO: New Challenges Ahead

Most world trade is conducted pursuant to rules established by the Members of the Geneva-based World Trade Organization ("WTO"). These rules have major implications for the pharmaceutical industry.  More

Evolution of Canadian Legislation Affecting Innovative Drug Patents

Since the early 1920's, the federal government has struggled with the appropriate level of legislative protection to extend to drug patents.  More

Media Highlights

Flattery or Fakery?

Where's the fine line between inspiration and unethical knockoffs? Daniel Drapeau of the Intellectual Property Group is quoted in the Gazette, explaining the ways to protect a product's features.  More

U.S. Sees Canada as Weak on Fighting Counterfeiting

Canada is on a watch list for its passivity in the fight against counterfeiting, intellectual property lawyer Daniel Drapeau tells The Gazette. He says the problems arise from weak laws.  More

Ogilvy Renault Represents Montréal Exchange Which Just Joined Forces with the TSX Group

Ogilvy Renault LLP represented Montréal Exchange (MX) in its business combination with the TSX Group. The new group will be called the TMX Group.  More

Ogilvy Renault Congratulates Newly Registered Patent Agents

Ogilvy Renault is pleased to announce that seven of its people have passed their final patent agent exams with flying colours.  More

Ogilvy Renault Welcomes Two New Partners to Intellectual Property Group

Ogilvy Renault LLP is pleased to announce the addition of two new partners, Brian Gray and Christopher Hunter, who will enhance the depth and expertise of the Intellectual Property Group in Toronto.  More

Supreme Court of Canada: selling grey goods is not necessarily copyright infringement. - Decision rendered today in Euro-Excellence v. Kraft

Ogilvy Renault's experts explain the highly anticipated decision released today by the Supreme Court of Canada on grey goods.  More

Domtar to sell its forest products business for approximately CDN$285 million

Domtar Corporation announced that it has entered into an agreement for the sale of its forest products business to the newly created Conifex Inc. for approximately CDN$285 million including an estimated CDN$50 million of working capital.  More

Ogilvy Renault's Experts Excel in International Ranking

Ogilvy Renault LLP is honoured to have 29 of its lawyers, adding two to this year's roster, recognized by the Chambers Global Guide to the World's Leading Lawyers 2007, a respected international legal directory.  More

Ogilvy Renault represents Merck in a successful patent case

In a decision dated October 10, 2006, the Federal Court of Appeal maintained the trial judgment that found Merck`s patent for the medicine lisinopril to be valid and infringed by Apotex Inc.  More

Prestigious awards for two members of the Intellectual Property Group

Ogilvy Renault's Québec team is proud to highlight the success of two members of its Intellectual Property Group and would like to congratulate them on their remarkable accomplishments.  More

Fame is not Everything, Supreme Court Rules

If you dine at a BARBIE'S Restaurant, would you think Mattel Inc. is the owner? Would you also expect that LES BOUTIQUES CLIQUOT, a women's clothing chain, had something to do with the famous VEUVE CLIQUOT champagne?  More

Ogilvy Renault LLP and BioScience Managers Land on MaRS

Ogilvy Renault LLP, one of Canada's top law firms, and BioScience Managers, an international venture capital firm, are pleased to announce the opening of the Bioscience Exchange @ MaRS.  More

David Collier, Partner at Ogilvy Renault, Elected Bâtonnier of Montréal

Ogilvy Renault LLP is proud to announce that Partner David R. Collier has been elected Bâtonnier of the Bar of Montréal.  More

Ogilvy Renault Announces Appointment in Montréal's Intellectual Property Group

Ogilvy Renault LLP is pleased to announce that Judith M. Robinson has accepted a new role as Montréal Chair of the Intellectual Property (IP) Group effective immediately.  More

Ogilvy Renault Strengthens Intellectual Property Group

Ogilvy Renault announced today three strategic changes to its Intellectual Property team in Canada.  More

Ogilvy Renault's Robert Mitchell: Recipient of the 2004 International Federation of Intellectual Property Attorneys Award

Ogilvy Renault extends a warm congratulations to Robert Mitchell, patent agent and senior partner in the firm's Intellectual Property group, on receiving the Peter Kirby Memorial Award by the Canadian Group of the International Federation of ...  More

Managing Intellectual Capital Efficiently Yields Profit

Ogilvy Renault's contribution to help businesses become leaders in intellectual property.  More

Ogilvy Renault Stands out as Leading Intellectual Property Practice

Ogilvy Renault, one of Canada's most prominent law firms, has been chosen as Leading intellectual property practice and as Leading life sciences practice in the 2001/2 edition of Global Counsel 3000 , a reputable British publication that is ...  More