IPPractice

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:

Recent Posts:

50th Anniversary

The Federal Court and Federal Court of Appeal published a book celebrating the 50 years of the Courts. Following a book launch today, the Courts are hosting sessions later this year reflecting on key areas of jurisdiction: immigration, national security, and intellectual property.

Holiday

The National Day for Truth and Reconciliation on September 30th has been incorporated into the Federal Courts Rules definition of “holiday”. The Federal Court issued a notice reminding litigants to take this holiday into account when computing deadlines and that hearings are being rescheduled.

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Appointments

Several appointments were made today, including:

  • Justice Siobhan Monaghan of the Tax Court as a Judge of the Federal Court of Appeal;
  • Prothonotary Mandy Aylen as a Judge of the Federal Court;
  • Avvy Yao-Yao Go, Clinic Director at the Metro Toronto Chinese and Southeast Asian Legal Clinic in Toronto, as a Judge of the Federal Court;
  • Dr. Vanessa Rochester, Counsel at Norton Rose as a Judge of the Federal Court;
  • Trent Horne, Partner at Aird & Berlis as a Prothonotary of the Federal Court; and
  • Catherine A. Coughlan, General Counsel at the Department of Justice  as a Prothonotary of the Federal Court.

Appointments were also made today to the Tax Court and the courts in Ontario, Alberta, Saskatchewan, New Brunswick and Newfoundland & Labrador. …Read More

York University v. Access Copyright

The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement.  The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.

Designated Establishments

CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.

…Read More

Canadian Intellectual Property