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:
The Federal Court issued a Notice to the Profession (link) regarding the publication of court decisions. The notice replaces the notice of June 2015 which had said that non-precedential decisions would not be published on the Federal Court website. The new notice, which came into force June 1, says that final decisions, if contested, along with interlocutory decisions considered by the Court to have precedential value, will be published on the website, and additional decisions published to CanLII. If you know of an interesting IP decision, please let me know!
As part of implementation of the Hague Agreement Concerning the International Registration of Industrial Designs, CIPO has published a proposed amended Industrial Design Office Practice Manual (IDOP) for consultation. The Practice Notice indicates that the consultation is open until June 29th with a view to the regulations coming into force date in late 2018.
I’m looking forward to catching up with friends and colleagues at INTA. Let me know if you are also going to be in Seattle.
Alexandra Steele, a lawyer at ROBIC LLP practicing intellectual property law, has been appointed as a Prothonotary of the Federal Court, replacing Prothonotary Richard Morneau who has elected to retire May 15. Appointments were also made today to the courts in Alberta and British Columbia. …Read More
A number of interesting announcements on World IP Day. The focus of the international focus on IP was on Powering change: Women in innovation and creativity. In Canada, the government announced a National IP Strategy having a number of components including $85.3 million over five years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP. Announced for IP tools, was more efficient dispute resolution and tariff setting at the Federal Court (more judges) and Copyright Board through more funding, formation of a patent collective, improvements to IP used in standards-setting processes, and an IP-specific marketplace. Announced legislative changes include:
- establishing minimum requirements for patent demand letters;
- excluding settlement demands from the copyright Notice and Notice regime;
- Requiring ‘use’ of a trademark to enforce it within the first three years;
- affirming the patent research exemption;
- clarifying the role of standard essential patents;
- allowing continued use of IP by licensees in liquidation proceedings; and
- creating a College of Patent and Trademark Agents to regulate agents.
In Europe, the UK announced today that it had ratified the Unified Patent Court (UPC) Agreement.