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:

Federal Court

Over the weekend, the Federal Court issued an updated Practice Notice extending the suspension period until May 15th and addressing other issues including scheduling of hearings by video/phone and filing/service of materials.

Updates

The Federal Court of Appeal has issued a further notice extending its suspension period until May 15, 2020 and adjourning all hearings during this period, although parties may consent to have their matters heard remotely or decided based only on the written material. I understand that the Federal Court is likely to extend its suspension period as well.

The Ontario Superior Court has issued a Notice re-opening hearings in certain cases beyond just ‘urgent’ matters using remote hearings and relaxing requirements for service by email and filing.

WIPO has announced that the PCT International Bureau has suspended the transmittal on paper of PCT documents and notifications and will only use electronic means.

CIPO

CIPO has extended the period of designated days until the end of April. This designation is under under subsection 78(1) of the Patent Actsubsection 66(1) of the Trademarks Act, and subsection 21(1) of the Industrial Design Act and extends the previous period, March 16 to March 31 – see link. The CIPO Patent Agent exams have also been adjourned to a date to be determined.

Bill C-13

The emergency legislation, Bill C-13 received Royal Assent today. It includes amendments to the Patent Act to allow compulsory licensing “to respond to the public health emergency”.

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CIPO

Further to the suspension of certain deadlines (see earlier post), earlier today CIPO published a FAQ on how CIPO intends to apply the suspension.

Canadian Intellectual Property