This site is my collection of updates, statistics and analysis on intellectual property in Canada. I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property (more about me). Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. Highlights include:
An Order in Council has fixed December 30th as the day on which Division 16 of Part 5 of the Budget Implementation Act, 2022, No. 1 comes into force to extend certain terms of copyright protection from 50 years to 70 years after the life of the author. …Read More
CIPO has announced a consultation on Trademark Opposition Board procedures, including costs awards, confidentiality and case management. …Read More
Earlier today, the US Supreme Court agreed to take up Jack Daniel’s Properties, Inc. v. VIP Products LLC on “whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims”. The defendant sells a “Bad Spaniels” squeaky dog toy.
Today, the Supreme Court issued its decision in Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 regarding the quantification of an accounting of profits as a result of patent infringement. The majority dismissed the appeal with a focus on the ‘non-infringing option’: “a non-infringing option helps courts isolate the profits causally attributable to the invention from the profits which arose at the same time the infringing product was used or sold, but which are not causally attributable to the invention.” The majority also upheld springboard profits, saying, “a portion of such post-expiry profits may be causally attributable to infringement of the invention.” …Read More
On Friday, the US Supreme Court granted review in two IP cases: