Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations have been published for consultation in the Canada Gazette to expand the definition of a “claim for medicinial ingredient” to include salts so that “the scope of protection under the Regulations corresponds to the type of activities contemplated under the proposed amendments to the [Food and Drug Regulations]”. Continue reading PM(NOC)
Monthly Archives: April 2021
Federal Court of Appeal
The Federal Court of Appeal has posted an updated COVID-19 Practice Notice relating to “deteriorating situation in some jurisdictions” placing some files back in suspension and asking that materials be filed electronically.
Budget
The 2021 federal budget released today, touches on several intellectual property matters including “$90 million over two years, starting in 2022-23, to create ElevateIP, a program to help accelerators and incubators provide start-ups with access to expert intellectual property services”, “$75 million over three years, starting in 2021-22, for the National Research Council’s Industrial Research Assistance Program to provide high-growth client firms with access to expert intellectual property services.”, deductions for certain “digital assets and intellectual property” and “Expanding loan class eligibility to include lending against intellectual property and start-up assets and expenses”.
Copyright
The government has launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments until May 31. The consultation includes issues of intermediaries’ safe harbour protections against liability for copyright infringement, how intermediaries’ knowledge of infringement and content-related activities affect their liability as well as their attendant obligations, remuneration of rights holders through collective licensing of their copyright-protected content on certain platforms, transparency in rights holders’ remuneration and online uses of their content; and rights holders’ enforcement tools against intermediaries, including by way of a statutory “website-blocking” and “de-indexing” regime. Continue reading Copyright
Looking back at 2020
I have recently published a couple of articles looking back at 2020:
- Canadian IP in 2020 – How did the IP profession manage through the pandemic and lockdowns in terms of filings and other activity before the Federal Court and CIPO?
- Developments in Patent Law in 2020 – What were the key developments in patent law in 2020?
Industrial Designs
CIPO has published proposed changes to the examination procedure for industrial designs which would send final rejections to “a subject matter expert from the policy and legislation group of the Trademarks and Industrial Designs Branch (TIDB) rather than to the Patent Appeal Board.” Continue reading Industrial Designs
Federal Courts
Proposed amendments to the Federal Courts Rules were published in the Canada Gazette for consultation for 60 days. The amendments are in three parts: enforcement of orders, limited scope representation, and proportionality/abuse of process and FCA motions. Among the changes, Rule 3 would be amended to “These Rules shall be interpreted and applied (a) so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits outcome of every proceeding; and (b) with consideration being given to the principle of proportionality, including consideration of the proceeding’s complexity, the importance of the issues involved and the amount in dispute.” Continue reading Federal Courts
Federal Court
Lobat Sadrehashemi, Senior Counsel and Clinic Lead at the Immigration and Refugee Legal Clinic in Vancouver, was appointed a Judge of the Federal Court today. Justice Sadrehashemi replaces Justice Boswell, who retired earlier this year. Continue reading Federal Court
Google v Oracle
US Supreme Court yesterday in Google LLC v. Oracle America, Inc.: “Google’s copying of the Java SE API, which included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program, was a fair use of that material as a matter of law.”