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Generative AI
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Global | Publication | February 2016
Case: Philip Morris Products S.A. v. Marlboro Canada Limited, 2016 FCA 55
Date of decision: February 17, 2016
The pall that had been cast over the request for an accounting of profits in lieu of damages has been lifted by the Federal Court of Appeal. The Court confirmed that the trial judge “did not err when he stated that he would not deny an accounting of profits in the absence of compelling reasons.”
A previous decision of the trial division of the Federal Court Janssen-Ortho Inc. v. Novopharm Ltd., 2006 FC 1234 had noted that an accounting of profits was an equitable remedy which required the applicant to “show some basis” for the exercise of equity.
The Court of Appeal has conclusively overruled that decision by noting that this decision “stands alone in the jurisprudence and is not supported by any prior case law”.
The Court further noted that a causal link had been established based on the finding that the Court at trial has determined that there was confusion and infringement, which is the source of the appellants’ unjust enrichment.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
On December 27, 2023, the European Union’s new Anti-Coercion Instrument (Regulation 2023/2675) (the ‘ACI’) came into force. It aims to protect the European Union (the EU), and its Member States, from economic coercion by third countries. This could be a double-edged sword for businesses, however. While it provides a mechanism for shaping the EU response to injurious third-country measures, it also generates additional regulatory risk for those operating both within and outside the EU.
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