Marcus Aurelius Klee

The Court considered whether a patent specification for erectile-dysfunction treatment satisfied disclosure obligations under s. 27(3) of the Patent Act where cascading claims ended with two individual compounds but did not identify the tested effective compound.

The Court held sufficiency must be assessed on the specification as a whole and not by isolating a single surviving claim under s. 58.

Because a skilled person would need further testing to determine which claimed compound worked, the specification did not enable successful use of the invention from the disclosure alone.

The appeal was allowed, the prohibition order was set aside, and the patent was held invalid for insufficient disclosure.

In a copyright appeal, the Court considered whether pre-existing sound recordings embedded in film and television soundtracks remain subject to equitable remuneration under s. 19 of the Copyright Act when the soundtrack accompanies a cinematographic work.

Applying modern statutory interpretation, the Court held that the soundtrack exclusion in the definition of sound recording captures pre-existing recordings in that context.

The Court found this reading consistent with the legislative scheme, parliamentary intent, and international obligations under the Rome Convention.

As a result, the proposed tariffs could not be certified for performances or communications of recordings when accompanying cinematographic works.