Appointments

Several appointments were made today, including:

  • Justice Siobhan Monaghan of the Tax Court as a Judge of the Federal Court of Appeal;
  • Prothonotary Mandy Aylen as a Judge of the Federal Court;
  • Avvy Yao-Yao Go, Clinic Director at the Metro Toronto Chinese and Southeast Asian Legal Clinic in Toronto, as a Judge of the Federal Court;
  • Dr. Vanessa Rochester, Counsel at Norton Rose as a Judge of the Federal Court;
  • Trent Horne, Partner at Aird & Berlis as a Prothonotary of the Federal Court; and
  • Catherine A. Coughlan, General Counsel at the Department of Justice  as a Prothonotary of the Federal Court.

Appointments were also made today to the Tax Court and the courts in Ontario, Alberta, Saskatchewan, New Brunswick and Newfoundland & Labrador. Continue reading Appointments

York University v. Access Copyright

The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement.  The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.

Designated Establishments

CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.

Continue reading Designated Establishments

Consultations

Two consultations were announced today:

  • the Patented Medicine Prices Review Board announced a  consultation on updated guidance relating to Gap medicines, the references to the comparator countries and the international price tests for Grandfathered medicines and their line extensions, all arising from the six month extension to the coming-into-force of the new Regulations.
  • The government announced a consultation on the copyright framework relating to artificial intelligence and the Internet of Things, including data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.

Gazette Amendments

Several IP related amendments have been published in the Canada Gazette:

Canadian Intellectual Property