Proposed amendments to the PM(NOC) Regulations have been published in the Canada Gazette Part I, relating to the listing of patents claiming single medicinal ingredients found in combination drugs. The government indicated its plans to make these amendments in the fall of 2014, following Court decisions in Gilead and Viiv.
Tag Archives: Rule Changes
Budget
Today, as part of its budget announcement the government indicated its plans to amend the Patent Act, Trade-marks Act and Industrial Design Act to provide statutory privilege for confidential communications with agents and permit CIPO to extend deadlines in cases of force majeure. The government also plans to amend the Copyright Act to implement and accede to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled and to extend the term of protection of sound recordings and performances for an additional 20 years.
Updates
Here are some updates on previously posted items:
- the webcast of the Supreme Court of Canada’s hearing earlier this month on technological neutrality has been posted;
- Industry Canada has updated its post on proposed amendments to the Patented Medicine (Notice of Compliance) Regulations to indicate that the proposed changes relating to the listing of patents claiming single medicinal ingredients found in combination drugs may be published in the Canada Gazette, Part 1 in 2015.
- CIPO has updated its notice on its Forward Regulatory Plan, to indicate that publication of proposed changes to the Trade-mark Regulations (Accession to trademark treaties and modernization of Canada’s trademark regime), Industrial Design Regulations (Hague Agreement) and Patent Rules (Patent Law Treaty) for consultation in Canada Gazette, Part 1 is “expected late 2016”.
Amendments to Plant Breeders’ Rights Act
Changes to the Plant Breeders’ Rights Act received royal assent today. The legislation, Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food, includes changes addressing the duration, scope and exceptions to the rights under the Act.
Federal Court Modernization
The Federal Courts Rules have been amended to remove obstacles to greater use of technology by the court. Among other things, the changes permit the registry to maintain an official electronic record, clarifying electronic service, amend the definition of ‘document’ and permit electronic filing. Also, the Federal Court has published a Notice to the Profession regarding obtaining copies from the digital audio recording system used at hearings.
IP Overhaul
In the past year, legislation in all areas of intellectual property was amended or is in the process of being amended: the Trade-marks Act was amended twice; anti-counterfeiting amendments were made to the Copyright Act and several sections of the Copyright Modernization Act came into force; both the Patent Act and Industrial Design Act were amended to implement the treaties; and amendments to the Plant Breeders’ Rights Act are in the final stages of parliament. I discuss these changes in an article published today.
Patent and Design Change
Bill C-43, a budget bill that includes changes to the Patent Act and Industrial Design Act, has received royal assent. The changes are intended to implement the Patent Law Treaty and the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
Anti-Counterfeiting
Bill C-8, Combating Counterfeit Products Act received royal assent earlier today. The legislation is primarily directed to counterfeit goods, including border enforcement, criminal provisions and civil remedies though amendments to the Copyright Act and Trade-marks Act. The amendments were previously introduced as Bill C-56 in 2013.
Ontario Court Practice Changes
The Ontario Superior Court has published a practice advisory relating to motions practice in Toronto. Motion Scheduling Court will be rebranded as Civil Practice Court with additional case management as part of an initiative to address “motions culture” in Toronto. Changes come into effect on November 10, 2014.
Patent and Design Changes
As part of the government’s latest budget bill, C-43, proposed changes to the Patent Act and the Industrial Design Act have been introduced. The changes are intended to implement the Patent Law Treaty and the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs. Continue reading Patent and Design Changes