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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Europe/Canada

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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IP and 3D printing

3D printing raises interesting issues in all areas of intellectual property. What types of intellectual property will be used by rights holders and how will copyright, trade-marks, industrial design and patents be enforced against providers and users of 3D printers? I explore some of these issues in an article published today.

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“Promise Doctrine”

Canada has filed its Statement of Defence in Eli Lilly’s NAFTA challenge to the ‘promise utility doctrine’ applied by Canadian courts to invalidate its Strattera and Zyprexa patents. The Statement of Defence characterizes Eli Lilly’s claims as, among other things, seeking to transform the NAFTA tribunal into “a supranational court of appeal from reasoned, principled, and procedurally just domestic court decisions.”

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