A series of Orders in Council dated last week but published today confirm that most of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force September 21, 2017. This includes expanded geographic indicators, certificates of supplementary protection and changes to the PM(NOC) Regulations.
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Informal Requests
The Federal Court issued a Practice Notice today regarding informal requests for interlocutory requests such as extensions or abridgement of time, leave to amend pleadings or the style of cause, bifurcation, and other procedural matters on consent. The Notice sets out the requirements for such requests by way of letters, in place of formal motion records.
Continue reading Informal Requests
Copyright Board
The government has announced consultations on reforms to the Copyright Board. A discussion paper accompanying the consultation identifies 13 possible options for legislative and regulatory reforms for the Copyright Board to address timely decision making. The consultation is open until September 29. Continue reading Copyright Board
Patent Rules Consultation
Proposed substantive amendments to the Patent Rules have been published for consultation. Among other things, the amendments overhaul filing requirements, the timing of responses to CIPO notices and the abandonment procedures and are directed to implementing the Patent Law Treaty.
Top Patentees 2016
In 2016, approximately 26,400 patents were granted by the Canadian Patent Office, up significantly from the approximately 21,900 granted in 2015. BlackBerry was again the top recipient of patents, with over twice the patents obtained as any other applicant. The remaining applicants in the top-five were The Boeing Company, Halliburton Energy Services, Qualcomm and Schlumberger Canada. Continue reading Top Patentees 2016
Patent Volume in 2016
The number of patent applications published in 2016 or that entered national phase in Canada in 2016 were up slightly over 2015 at about 34,400 application. Smart & Biggar, Gowlings and Norton Rose Fulbright Canada top the list of firms by volume of applications. Continue reading Patent Volume in 2016
CETA Proposed Regulations
Proposed amendments to overhaul the patent linkage regime and add certificates of supplementary protection were published today in the Canada Gazette, Part 1. Amendments to the Patented Medicines (Notice of Compliance) Regulations will replace the current summary procedures with full actions including rights of appeal. New Certificate of Supplementary Regulations are proposed to provide for up to two years of additional exclusivity based on the time to obtain a notice of compliance for a drug containing a new medicinal ingredient or combination of medicinal ingredients. A number of other proposed regulatory amendments relating to CETA were also published. There is a 15-day consultation period.
Promise Doctrine
In a unanimous decision, the Supreme Court held today that the promise doctrine is not the correct approach to determine whether a patent has sufficient utility. As a result, the lower court decisions finding the patent at issue directed to Esomeprazole/Nexium invalid for want of utility, were set aside.
Forum Selection Clauses
The Supreme Court of Canada issued its decision today in Douez v. Facebook, Inc., in which the majority, in a split decision, allowed the appeal and held that the forum selection clause should not be enforced. The plaintiff sought certification for a class action against Facebook alleging the company used her name and likeness without consent for the purposes of advertising, contrary to BC’s Privacy Act. A forum selection clause in the terms of use required disputes to be resolved in California under California law.
Also today, the Supreme Court announced it would release its decision next week in Google Inc. v. Equustek Solutions Inc. et al. on extraterritorial injunctions. Continue reading Forum Selection Clauses
Consultation
Proposed regulatory amendments to the Trade-marks Regulations and the Industrial Design Regulations have been published. Consultations are being considered through to mid-July. These changes include substantive changes to implement Madrid Protocol, Singapore Treaty and Nice Agreement for trademarks and Hague Agreement for industrial designs. Continue reading Consultation