US Supreme Court yesterday in Google LLC v. Oracle America, Inc.: “Google’s copying of the Java SE API, which included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program, was a fair use of that material as a matter of law.”
Category Archives: Daily Alert
Agent Renewals
Just a reminder that patent and trademark agent renewals are due by March 31st. The coming-into-force date for the College of Patent Agents and Trademark Agents is expected to be “spring of 2021” and any fees after that date will need to go to the new College. Continue reading Agent Renewals
College
Implementing regulations for the new College of Patent Agents and Trademark Agents are published in the Canada Gazette for a 30 day consultation. The regulations and transition provisions would provide for the transfer of responsibility for agents, including entrance examinations and conduct, to the new college. The regulations would establish an Investigations Committee and the Discipline Committee with a majority of public members, impose a residency requirement on agents, and replace ‘firm’ agents with the option to appointment of all the patent agents at the same firm.
Federal Court
Angela Furlanetto, Prothonotary of the Federal Court in Toronto, was appointed today as a Judge of the Federal Court. She replaces Mr. Justice P.B. Annis, who elected to become a supernumerary judge effective June 18, 2020. Continue reading Federal Court
Copyright
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”.
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.