CIPO has released consultation documents on the timing of accelerated examination for industrial design applications with claims of priority.
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Canadian Intellectual Property
Rule Changes
Sound marks in with a roar
The first sound trademark was approved and advertised in today’s Canadian Trade-mark Journal – MGM’s roaring lion. The Canadian Intellectual Property Office announced that they will now be accepting applications for sound trademarks effective immediately.
Courts and electronic files
An Ontario Court judge issued a decision this week bemoaning the lack of electronic court records: “I suppose that on a sunny, unusually warm, mid-March day one should be mellow and accept, without complaint, the systemic failures and delay of this Court’s document management system.”
ONCA on summary judgment
A five member panel of the Ontario Court of Appeal has released a decision in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 on the scope of summary judgment under recently amended Rule 20 of the Ontario Rules of Civil Procedure.
First CIRA domain name decision under new Policy
In a decision published by CIRA (PDF), a dispute panel of three members held that the domain name <sunbrella.ca> be transferred to the complainant. The panel was the first panel to consider the new Domain Name Dispute Resolution Policy that came into force in August.
Review of the Federal Courts Rules
The Federal Courts Rules Committee has announced a subcommittee for a global review of the Federal Courts Rules and released an accompanying discussion paper. The Notice to the Profession invites comments by January 6, 2012.
Discussion paper on changes to Federal Courts Rules
The Federal Courts Rules Committee has posted a discussion paper on possible procedural changes to the Federal Courts Rules. The proposed changes relate to among other things, time limits for defences, books of authorities, amici curiae, and monetary limits for simplified procedure and prothonotaries. Comments are requested by the Rules Committee by June 24, 2011July [...]
Use of technology at the Federal Court
The Federal Courts Rules Committee has issued a discussion paper regarding possible changes to the Federal Courts Rules to allow for better use of technology in the Court. Comments are requested by June 17, 2011July 15, 2011.
Amendments to PM(NOC) Regulations
In today’s Canada Gazette, amendments to the Patented Medicine (Notice of Compliance) Regulations were published relating to ‘Extraordinary Use New Drugs’ (EUNDs). Changes were also made to the regulations under the Food and Drugs Act.
Amendments to Patent Rules
Amendments to the Patent Rules relating to advanced examination of ‘green technologies’ (s.28(1)(b)) were published in the Canada Gazette and are now in force. The amendments also provide for all applications to leave advanced examination if time limits are extended or the application goes abandoned (s.28(2)).