Tag Archives: Rule Changes

Privacy

Bill C-11, the Digital Charter Implementation Act, was introduced today directed to a new privacy regime, including the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and replacing parts of PIPEDA. Key features include a tribunal that can impose significant fines, order-making power by the Privacy Commissioner, disclosure of “automated decision systems”, data mobility and de-identification uses.

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NAFTA 2.0

Bill C-4 was introduced today to implement the Canada-US-Mexico trade agreement. The IP related changes are substantially the same as those included in Bill C-100 introduced last May. Bill C-4 include a new criminal provisions on trade secrets, trademark changes on importation and in-transit goods, and some changes on copyright term (although not a general extension to life+70).

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TM Practice Notices

CIPO posted new and amended practice notices for several aspects of trademark procedures:

  • extensions of time in examination – the office will no longer grant extensions of time unless exceptional circumstances are shown;
  • filing of divisional applications without a specific e-service;
  • transitional provisions for Nice classifications;
  • renewal of applications that do not have Nice classifications; and
  • temporarily appointing a trademark agent for dealing with Nice classifications.

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IP and insolvency

As published in the Canada Gazette last week, amendments to the Bankruptcy and Insolvency Act (BIA) and Companies’ Creditors Arrangement Act (CCAA) relating to IP licenses when the IP licensor becomes insolvent, will come into force November 1, 2019. These amendments were included in Budget Implementation Act, 2018, No. 2 (Bill C-86). I discussed these amendments in my recent article for Slaw, Intellectual Property Licenses in Bankruptcy Scenarios.

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Patent Amendments

The new Patent Rules, coming into force on October 30, 2019, have been published in the Canada Gazette Part II. The modernization of the Patent Act and Rules allows Canada to ratify the Patent Law Treaty. Key changes relate to filing requirements, priority claims, agent representation and register, examination and amendments, corrections, abandonments/reinstatements, transfers, due care/third party rights, and divisionals. Continue reading Patent Amendments