Private Member’s Bill, C-272 was introduced: “An Act to amend the Copyright Act (diagnosis, maintenance or repair)” would add section 41.121 to the Copyright Act to modify TPMs to allow a person to circumvent “a technological protection measure that controls access to a computer program if the person does so for the sole purpose of diagnosing, maintaining or repairing a product in which the computer program is embedded”.
Category Archives: Daily Alert
Copyright
A private members bill, S-225, “An Act to amend the Copyright Act (remuneration for journalistic works)” was introduced today: “If a journalistic work … is reproduced or published on a digital platform that is owned or controlled by a designated digital platform provider, the Canadian journalism organization that owns the copyright in that journalistic work is entitled to remuneration.” Continue reading Copyright
Copyright Term
The government has announced a consultation “to consider whether to adopt accompanying measures to mitigate the potential implications” of extending the general term of copyright from 50 to 70 years after the life of the author as required by the Canada-United States-Mexico Agreement (CUSMA). Potential measures include an expanded orphaned works regime or an out-of-commerce regime.
Copyright Board
The Copyright Board has provided various notices (link) on proceedings pending before it under the transitional provisions of the “Time Limits in Respect of Matters Before the Copyright Board Regulations” including for matters awaiting hearing and matters where the 12-month reserve period has already expired.
COVID
CIPO has published a Practice Notice regarding the handling of designated days between March and August for patents and patent applications, particularly maintenance fees and deemed abandonments.
Federal Court
The Federal Court issued two Practice Notices today:
- Document Retention Schedule – Set a 7-year and 15-year retention guidelines for court file materials pursuant to Rule 23.1.
- COVID #7 – Closing of the registry in Ontario and Quebec for in-person activities with new guidance on virtual hearings and electronic service and filing.
CSPs
As part of a number of UK/EU/Brexit amendments published today, the Certificate of Supplementary Protection Regulations were amended to add the UK as a “prescribed country”in addition to the EU. Continue reading CSPs
Happy New Year!
Here’s hoping that 2021 is more normal! Thanks for another year with IPPractice. 450,000 emails sent to over 1800 subscribers with reports on over 150 IP-related decisions and 300 new proceedings.
Continue reading Happy New Year!
Fees
A number of fees at CIPO are increasing by 2% as of January 1, 2021 due to application of the Service Fees Act. As a result, the fees listed in schedules in the various regulations, such as Schedule 2 to the Patent Rules, may no longer be accurate. For example, the regular patent filing fee will increase to $408 as of January 1st. CIPO has an updated fee schedule. Application fees for a Certificate of Supplementary Protection also increase by 2% but not until April 2021.
PMPRB
Implementation of the new Patented Medicines Prices Review Board regulations that were due to come into force on January 1, 2021 have been delayed by six-month. The coming-into-force was previously delayed from July 1st and the regulations have been subject to several legal challenges.