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In 2019, the CJEU clarified the EU s position on
compensation for wrongly restrained defendants in IP enforcement
proceedings. What are the implications of this decision and how
does it compare with recent trends in England and
Australia?
Provisional measures in intellectual property enforcement and,
in particular, patent enforcement in the pharmaceutical industry,
have always required a careful balancing act between the interests
of the rights-holder and the interests of the alleged
infringer.
This is because, at an early stage in proceedings, the court is
required to consider restraining an alleged infringer from certain
Good afternoon.
This past week, the Court of Appeal for Ontario provided us with
several substantive and interesting civil decisions.
The Court of Appeal released two related decisions in
Subway
Franchise Systems of Canada, Inc. v. Canadian Broadcasting
Corporation. Subway sued the CBC and Trent University, which
conducted DNA testing for the CBC, after the CBC broadcasted a
widley publicized story that Subway s chicken sandwiches only
contained 50% of actual chicken. Both decisions dealt with
Anti-SLAPP provisions in s.137.1 of the
Courts of Justice
Act, which were recently considered by the Supreme Court of
Canada companion decisions in
1704604 Ontario Ltd. v. Pointes
striking out of pleadings; and
judgments in default of
acknowledgment of service or defence.
Early Judgment Applications
Can a party apply for (i) early judgment on some or all of the
issues in dispute, or (ii) the other party s case to be struck
out before trial or substantive hearing of the claim? What is the
timing, applicable procedure and legal standard for such
applications/motions?
Summary judgment
Both the plaintiff and the defendant can apply for summary
judgment on the other party s case under the provisions of
Order 14 of the Grand Court Rules. For the plaintiff this can be a
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This guide to Guernsey dispute resolution and litigation
includes commentary on litigation funding, initiating a lawsuit,
statutes of limitations, representative or collective actions,
pre-trial litigation proceedings, discovery, injunctive relief,
settlement, damages, appeals, litigation costs, alternative dispute
resolution (ADR) and arbitration.
General
General Characteristics of the Legal System
Please describe the general characteristics of your
country s legal system. For example: is it based on civil law
or common law? Does it follow an adversarial or inquisitorial
model? Is the legal process conducted through both written
To print this article, all you need is to be registered or login on Mondaq.com.
This guide to Bermuda dispute resolution and litigation includes
commentary on litigation funding, initiating a lawsuit, statutes of
limitations, representative or collective actions, pre-trial
litigation proceedings, discovery, injunctive relief, settlement,
damages, appeals, litigation costs, alternative dispute resolution
(ADR) and arbitration.
General
General Characteristics of the Legal System
Please describe the general characteristics of your
country s legal system. For example: is it based on civil law
or common law? Does it follow an adversarial or inquisitorial
model? Is the legal process conducted through both written