A series of IP related regulations were published in today’s Canada Gazette (Part II): a) changes to the Patent Rules and Trade-mark Regulations relating to the agent examinations; b) changes to the Patent Rules relating to final actions and c) regulations associated with Canada’s anti-spam legislation. Check the specific regulations for the coming into force dates of each amendment.
Tag Archives: Rule Changes
Examinations
Changes have been made to the Patent Rules and Trade-marks Regulations governing the Patent Agent and Trade-mark Agent exams. The changes include more flexibility for scheduling the exams and requiring all new Trade-Mark Agents to have written the Trade-Mark Agent exam.
Anti-Spam Regulations
The regulations from Industry Canada for Canada’s anti-spam legislation were released yesterday after length consultations. Most of the Act will come into force in July 2014.
Final Action Regulations
Amendment to the Patent Rules were registered last week directed primarily to final action practice. These amendments follow from the consultations that took place 2012 and relate to amendments and practice after a final action and the Patent Appeal Board.
Patent Agent Exam
November 29th is the deadline for applying to write the Patent Agent Exam in April 2014. This may be the last year for the exam under the current rules as amendments to the Patent Rules affecting the Patent Agent Exam (and the Trade-marks Agent Exam) are likely to be released in the new year.
Anti-Counterfeiting Returns
Yesterday, Bill C-8, Combating Counterfeit Products Act was introduced by the government. This is a re-introduction of Bill C-56 from the previous session and the Bill has been fast tracked to committee stage based on the status of Bill C-56 prior to prorogation.
European Trade Agreement
Canada and the EU have signed a trade agreement, CETA, which has several IP related provisions. Based on the government’s summary and media reports, these include geographic indicators, patent term extensions of up to two years and changes to the PM(NOC) Regulations.
Enforcement Provisions
The Federal Court has posted a discussion paper on proposed changes to the Federal Courts Rules regarding enforcement provisions, including issuing writs, garnishments and enforcement of domestic arbitral awards. The Rules Committee invites comments from counsel who use these rules.
Copyright Re-sale Rights
A private members Bill has received first reading in parliament that would amend the Copyright Act to include artist re-sale rights. Bill C-516, An Act to amend the Copyright Act (artist’s resale right), was introduced on May 29, 2013.
AIA Implementation
This weekend the ‘first-to-file’ rules come into force in the United States as part of the America Invents Act implementation. Among other things, the new rules affect the significance of the date of invention and the scope of prior art citable against applications.