The government has tabled five intellectual property treaties in the House of Commons:
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”),
- Singapore Treaty on the Law of Trademarks (“Singapore”),
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice”),
- Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague”), and
- the Patent Law Treaty.
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Yesterday, the United States Supreme Court held that the patentee has the burden of proving infringement when a licensee seeks declaratory judgment, in Medtronic v. Mirowski (PDF), reversing the lower court.
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In a decision issued today, Justice Hughes considered the breadth of the claims in the first [see update below] biologic patent infringement trial decision of the Federal Court. The patent at issue was found valid and infringed.
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About 50,400 trademark applications were filed in Canada in 2013. Of these, about 20% were filed in-house or without an agent (about the same as in the last couple of years). Gowlings, Smart & Biggar and Bereskin & Parr were the firms that filed the most trademark applications. Check out my list of the 50 firms/agents that filed the most applications in 2013. Continue reading Canadian Trademark Firms in 2013 →
On Friday, the United States Supreme Court granted cert in four IP related proceedings: POM Wonderful v. Coca-Cola – standing under the Lanham Act to challenge labelling; Limelight Networks v. Akamai Technologies – does inducing patent infringement require direct infringement; Nautilus v. Biosig Instruments – standard for indefiniteness in patent claims; and ABC, Inc., v. Aereo, Inc. – copyright infringement and public transmissions over the Internet.
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The Canadian Patent Office, the Federal Court and Federal Court of Appeal all have website outages this weekend.
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Canadian Intellectual Property