The government has tabled five intellectual property treaties in the House of Commons:
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”),
- Singapore Treaty on the Law of Trademarks (“Singapore”),
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (“Nice”),
- Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague”), and
- the Patent Law Treaty.
Continue reading IP Treaties
Yesterday, the United States Supreme Court held that the patentee has the burden of proving infringement when a licensee seeks declaratory judgment, in Medtronic v. Mirowski (PDF), reversing the lower court.
Continue reading Burden of Proof
In a decision issued today, Justice Hughes considered the breadth of the claims in the
first [see update below] biologic patent infringement trial decision of the Federal Court. The patent at issue was found valid and infringed.
Continue reading Biologics
About 50,400 trademark applications were filed in Canada in 2013. Of these, about 20% were filed in-house or without an agent (about the same as in the last couple of years). Gowlings, Smart & Biggar and Bereskin & Parr were the firms that filed the most trademark applications. Check out my list of the 50 firms/agents that filed the most applications in 2013. Continue reading Canadian Trademark Firms in 2013
On Friday, the United States Supreme Court granted cert in four IP related proceedings: POM Wonderful v. Coca-Cola – standing under the Lanham Act to challenge labelling; Limelight Networks v. Akamai Technologies – does inducing patent infringement require direct infringement; Nautilus v. Biosig Instruments – standard for indefiniteness in patent claims; and ABC, Inc., v. Aereo, Inc. – copyright infringement and public transmissions over the Internet.
Continue reading IP at the USSC
The Canadian Patent Office, the Federal Court and Federal Court of Appeal all have website outages this weekend.
Continue reading Website outages