Today, as part of its budget announcement the government indicated its plans to amend the Patent Act, Trade-marks Act and Industrial Design Act to provide statutory privilege for confidential communications with agents and permit CIPO to extend deadlines in cases of force majeure. The government also plans to amend the Copyright Act to implement and accede to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled and to extend the term of protection of sound recordings and performances for an additional 20 years.

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Section 8 at the SCC

On Monday, April 20th, the Supreme Court will hear oral arguments in Sanofi-Aventis’ appeal in Apotex’s Ramipril proceeding pursuant to Section 8 of the Patented Medicine (Notice of Compliance Regulations). The appeal is from the March 2014 split decision of the Federal Court of Appeal in 2014 FCA 68 relating to among other things the ‘hypothetical world’, the ramp-up period and non-indicated uses.

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