The Supreme Court issued its decision in Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38 relating to the costs that ISPs can claim for comply with Norwich orders under the Copyright Act. Continue reading Notice-and-Notice
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Patent Pending
My recent article on patent pendency was published this week on Slaw. For patents granted by the Canadian Patent Office in the first half of 2018, the duration a patent application was pending ranged from less than 6 months to over 18 years.
Trademarks and Patents
Amendments to the Trade-mark Act and Patent Act, Patent Rules and Trademark Regulations are being made as of November 5, 2018 to amend the procedures on CIPO holidays and force majeure events, and as of June 2018 to patent reinstatements .
Industrial Designs
The amended Industrial Design Act and Regulations will come into force November 5, 2018 to implement the Hague Agreement. These changes were first introduced in 2014 as part of budget legislation.
Industrial Designs
As part of implementation of the Hague Agreement Concerning the International Registration of Industrial Designs, CIPO has published a proposed amended Industrial Design Office Practice Manual (IDOP) for consultation. The Practice Notice indicates that the consultation is open until June 29th with a view to the regulations coming into force date in late 2018.
Happy World IP Day
A number of interesting announcements on World IP Day. The focus of the international focus on IP was on Powering change: Women in innovation and creativity. In Canada, the government announced a National IP Strategy having a number of components including $85.3 million over five years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP. Announced for IP tools, was more efficient dispute resolution and tariff setting at the Federal Court (more judges) and Copyright Board through more funding, formation of a patent collective, improvements to IP used in standards-setting processes, and an IP-specific marketplace. Announced legislative changes include:
- establishing minimum requirements for patent demand letters;
- excluding settlement demands from the copyright Notice and Notice regime;
- Requiring ‘use’ of a trademark to enforce it within the first three years;
- affirming the patent research exemption;
- clarifying the role of standard essential patents;
- allowing continued use of IP by licensees in liquidation proceedings; and
- creating a College of Patent and Trademark Agents to regulate agents.
In Europe, the UK announced today that it had ratified the Unified Patent Court (UPC) Agreement.
3,000,000
CIPO announced today that it has allocated patent application number 3,000,000. This is the one-millionth ‘New Act’ patent application.
Certificate of Supplementary Protection
The first Certificate of Supplementary Protection has issued, providing two years of protection. Twelve applications for certificates of supplementary protection have been filed since the regulations came into force in September 2017. Continue reading Certificate of Supplementary Protection
Prothonotary
Kathleen Marie Ring has been appointed as a Prothonotary of the Federal Court. She replaces Justice Lafrenière, who was appointed a judge of the Federal Court in June.
Recorded Entries
Due to changes with the Federal Court and Federal Court of Appeal websites to restricted automated access, there are still no updates on watched files. Today’s IPPractice daily email contains a list of all new proceedings from last week, as well as today.