Last week, the Governor General in Council fixed the day portions of the Copyright Modernization Act are to come into force, as the day it is published in the Canada Gazette, likely on November 7th. Continue reading Copyright Modernization Act
Monthly Archives: October 2012
UK Appeals Court rules on Apple design patent
The England and Wales Court of Appeal, in a decision written by Justice Robin Jacob, has upheld the lower court’s ruling that Samsung did not infringe Apple’s registered design with its Galaxy tablet and the requirement that Apple publish the fact of the non-infringement.
Continue reading UK Appeals Court rules on Apple design patent
Final Action Practice
The Canadian Patent Office has posted proposed revisions to the Manual of Patent Office Practice (MOPOP) chapter relating to Final Action Practice. The proposed changes relate to the proposed amendments to the Patent Rules on Final Actions published last week.
Patent exhaustion
The United States Supreme Court has granted certiorari in Bowman v. Monsanto Co on the application of patent exhaustion to second generation self-replicating genetically modified seeds.
Tariffs for online music
The Copyright Board released its tariff decision in the SOCAN Tariff 22.A and CSI Tariff proceedings for online music. The Board certified tariffs for CSI for music downloads, to both SOCAN and CSI for online music streaming and to SOCAN for video-clips. The Board applied the recent Supreme Court of Canada decisions on previews and downloads.
Judicial Appointments
The Honourable Michael Manson, a lawyer from Smart & Biggar has been appointed to the Federal Court. Appointments were also made to the Supreme Court of Canada, the Federal Court of Appeal, the Tax Court, and courts in British Columbia, Manitoba, Newfoundland & Labrador, Ontario, Quebec, and Saskatchewan.
Proposed changes to final action patent practice
Proposed changes to the Patent Rules were published in the Canada Gazette relating to the handling of patent applications after a “Final Action”. The proposed changes include permitting a review of the entire application and allowing the application without returning it to the examiner from the Patent Appeal Board.
Continue reading Proposed changes to final action patent practice
Proposed changes to Patent and Trade-mark Agent Examinations
Proposed regulations were published in the Canada Gazette relating to the patent agent and trade-mark agent examinations. The proposed changes include requiring lawyers to write the trademark agent exam to become agents and introducing more flexibility for running the patent agent exam.
Continue reading Proposed changes to Patent and Trade-mark Agent Examinations