Patent Amendments

Two IP related amendments are included in the July 1st Canada Gazette:


Several items regarding the Canadian Intellectual Property Office:

Agent Privilege

Bill C-59 received royal assent yesterday which includes changes to the Patent Act, Trade-marks Act, Copyright Act and the Industrial Design Act. The changes include agent privilege, provisions for force majeure and term extension. The provisions on privilege will come into force next year at this time while other sections will require implementing regulations and further orders in council.

IP Items

A few items that may be of interest:

  • The United States Supreme Court issued its decision today in Kimble v. Marvel Entertainment, LLC, upholding the rule that a patentee cannot continue to receive patent royalties for sales made after the patent expires.
  • The House of Commons has adjourned for the summer so pending bills, including Bill C-65, amending the Copyright Act to implement the Marrakesh Treaty for the blind, will need to be re-introduced. Bill C-59, the budget implementation bill which includes amendments to the Patent Act, Copyright Act, Industrial Design Act and Trade-marks Act, is still pending before the Senate.
  • The Federal Court has issued a practice notice on the publication of decisions having ‘precedential’ and ‘non-precedential’ value.

Town Hall

Last month, the Federal Court hosted a ‘Town Hall’ for members of the intellectual property bar to discuss various initiatives happening at the Court as part of CBA’s IP Day. Some of the items discussed included the role of Prothonaries, case management, trial scheduling, and upcoming rule changes and practice notices. Thanks to the Federal Court and the CBA National Intellectual Property Section for organizing the event and making a copy of the slides available.