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.

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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 »

Some IP-related items

  • Eli Lilly’s memorandum in the NAFTA arbitration on the ‘promise’ doctrine has been posted.
  • Justice Marc Noël was appointed Chief Justice of the Federal Court of Appeal replacing the Honourable Pierre Blais, who retired earlier this year.
  • CIPO has announced a consultation on Modernization the IP Community, a report on the regulatory framework for trademark and patent agents prepared with IPIC, AIPPI and FICPI, of which I had a small part on one of the working groups.
  • I am attending the AIPLA Annual Meeting this week. Let me know if you are planning on being there as well.

Political Copyright

There are reports of plans to amend the Copyright Act to provide an exception for political advertising. The exception would permit free use of news content by political actors without requiring rights holder authorization.

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Industrial Design Regulations

A minor amendment has been made to the Industrial Design Regulations repealing section 12(3). The Standing Committee for the Scrutiny of Regulations advised that an inconsistency between the English and French versions of the Industrial Design Act meant the section may be invalid.

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Search Tools

For searching the Canadian Patents Database, I’ve  prepared a Chrome/Firefox extension that permits searching by number with commas (ie “2,345,678”) in both the basic and number search fields – see tools.

Proposed Trademark Regulations

CIPO has published proposed amendments to the Trademark Regulations to go with the amendments to the Trademarks Act (Bill C-31) made in June 2014. The proposed regulations deal with almost all aspects of trademark law including correspondence, applications, Nice classifications, the Madrid Protocol, oppositions and cancellation procedures.

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Patent Agent Exam

December 2, 2014 is the deadline for applying to write the Patent Agent Exam which will be held April 28, 29, 30, and May 1, 2015. This is the first year the exam will be held under the new rules which came into force earlier this year.

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Earlier this week, CIPO and the European Patent Office announced a memorandum of understanding to establish a Patent Prosecution Highway between the two offices to expedite patent applications. In other European news, the text of CETA, the Canada/Europe Trade Agreement was officially published.

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Competition and Patents

The Competition Bureau has released a couple of documents on competition issues and patents, addressing among other things non-use of an IP right and potentially anti-competitive patent litigation settlement agreements.

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