The government announced today that the “Notice and Notice” provisions of the Copyright Modernization Act will come into force in January 2015 without additional regulations.
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Three Federal Court Judges Appointed
Three new Federal Court judges were appointed today: Honourable Henry S. Brown (of Gowlings), Honourable Keith M. Boswell (of Stewart McKelvey) and Honourable Alan Diner (Baker & McKenzie). These judges are replacing Justice Snider, who resigned in October 2013, Justice Harrington who elected to become a supernumerary judge as of April 2014 and Justice O’Keefe, who elected to become a supernumerary judge. Judicial appointments were also made today to the Ontario, Saskatchewan, Quebec, Nova Scotia and Alberta courts, including Justice Mainville, formerly of the Federal Court of Appeal, to the Quebec Court of Appeal.
Proposed Amendments to Official Marks
A Private Members Bill, An Act to amend the Trade-marks Act (public authority), was introduced yesterday proposing changes to the Official Marks regime under the Trade-marks Act. The proposed changes include an opposition procedure and periodic renewals.
US Supreme Court on Patents
Today, the United States Supreme Court issued two decisions on patents. In Limelight Networks v. Akamai Tech the Court held that direct infringement was required for a finding of inducing infringed. In Nautilus v. BioSig the Court considered patent claim indefiniteness.
Copyright Treaties
Canada has ratified the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. The instruments of ratification were deposited with WIPO on May 13, 2014 and the treaties will enter into force three months later, on August 13, 2014. The entry into force of these treaties triggers the entry into force of certain provisions of the Copyright Modernization Act.
Patent Volume in 2013
The number of patent applications published in 2013 or that entered national phase in Canada in 2013 was approximately the same as in 2012 at about 34,900 application. Smart & Biggar, Gowlings and BLG top the list of firms by volume of applications.
APIs and Sheep
On Friday, the U.S. Court of Appeals for the Federal Circuit issued several decisions on intellectual property, including Oracle America, Inc. v. Google Inc. on copyright in APIs and In RE Roslin Institute on the patentability of Dolly the Sheep.
Agents
The last of a package of amendments to the Patent Rules and Trade-marks Regulations relating to patent and trade-mark agents came into force today. The changes relate to experience requirements, examinations and staying on the register.
Smartphone “Posner Appeal”
The U.S. Court of Appeal for the Federal Circuit released its decision in Apple Inc. v. Motorola, Inc., the appeal from Judge Posner’s decision on smartphone patent litigation between the two companies. Judge Posner had denied both infringement actions on the basis that neither side could prove damages. In an opinion for the court, along with two opinions dissenting-in-part, the CAFC reversed-in-part, but affirmed, among other things, that Motorola was not entitled to an injunction for infringement of a FRAND-committed patent.
Judicial Appointments
George R. Locke, an IP lawyer with Norton Rose Fulbright in Montréal, René Leblanc, a lawyer with the Department of Justice Canada, and Martine St-Louis, a lawyer with McCarthy Tétrault in Montréal were appointed today to the Federal Court. Justice Boivin was elevated to the Federal Court of Appeal. Appointments were also made to the Ontario, Saskatchewan, Manitoba, Nova Scotia, Newfoundland and Labrador and Tax courts.