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:

Budget Bill

The budget implementation bill, C-19 received royal assent yesterday. It includes some IP-related changes:

  • measures directed to the term of copyright including “6. Except as otherwise expressly provided by this Act, the term for which copyright subsists is the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year” (Division 16);
  • changes to the College of Patent Agents and Trademark Agents Act (Division 17); and
  • replaces the term “Prothonotary” with “Associate Judge” for the Federal Court (Division 22).

Patent Decision

The Federal Court issued public reasons for judgment in Rovi Guides v. Videotron, 2022 FC 874. The Court found the four asserted patents invalid for being obvious and/or anticipated and accepted non-infringement defences advanced by the defendant, Videotron. If there had been liability, the Court concluded that the Plaintiff would not have been entitled to an accounting of profits and a design-around cost would have been a reasonable upper bound for any royalty. Videotron was represented by a team from DLA Piper including Bruce Stratton, Alan Macek, Michal Kasprowicz, Gabriella Levkov and Nicole Nazareth.

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Private Member Bills

The following private member bills were introduced on Friday:

  • C-292 “Online Algorithm Transparency Act” directed to ensuring that algorithms used for “moderating content … do not result in adverse differential treatment of any individual or group of individuals based on one or more prohibited ground of discrimination”
  • C-294 “An Act to amend the Copyright Act (interoperability)” directed to expanding the interoperability exception in 41.12 to devices in which software is embedded and to products used to provide interoperability.

Privacy and AI

Bill C-27, “Digital Charter Implementation Act, 2022”, was introduced yesterday that would

  • enact the “Consumer Privacy Protection Act” directed to the use of personal information, replacing portions of PIPEDA.
  • establish a tribunal for hearing appeals of decision made by the Privacy Commissioner and impose penalties.
  • enact the “Artificial Intelligence and Data Act” regulating the use of artificial intelligent systems, particularly those with a ‘high-impact’.

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Copyright Board

Proposed Rules of Practice and Procedure for the Copyright Board have been published for consultation.  The rules address notices of grounds within 7 days of filing a tariff proposal, joint notices of issues, case management, electronic documents and interveners, and would apply to new and existing proceedings.

Canadian Intellectual Property