The Supreme Court of Canada issued its decision today in York University v Access Copyright. The Court agreed with the Federal Court of Appeal that the tariff is not enforceable against York University, saying that a user is entitled to obtain its rights through other means than a tariff, so if the user makes an unauthorized use, the appropriate remedy is an action for infringement. The Court did not endorse the fair dealing analysis conducted by the lower courts and declined to make a decision on fair dealing but did discuss that in the educational context it is not only the institutional perspective that matters.
CIPO has announced that it is discontinuing the acceptance of correspondence at designated establishments at Innovation, Science and Economic Development Canada (ISED) regional mailrooms as of August 16th. These are currently available in Ottawa, Montréal, Toronto, Edmonton, and Vancouver. CIPO recommends electronic, in person or Canada Post as alternatives.
Two consultations were announced today:
- the Patented Medicine Prices Review Board announced a consultation on updated guidance relating to Gap medicines, the references to the comparator countries and the international price tests for Grandfathered medicines and their line extensions, all arising from the six month extension to the coming-into-force of the new Regulations.
- The government announced a consultation on the copyright framework relating to artificial intelligence and the Internet of Things, including data mining, authorship and ownership of works created by AI, infringement and liability regarding AI, and repair and interoperability issues related to technological protection measures.
Several IP related amendments have been published in the Canada Gazette:
- College-related for the coming into force of the College on June 28th (see earlier post):
- By-laws of the College of Patent Agents and Trademark Agents (Board),
- By-laws of the College of Patent Agents and Trademark Agents (College),
- Code of Professional Conduct for Patent Agents and Trademark Agents Regulations,
- Order Fixing the Number of Directors Under the College of Patent Agents and Trademark Agents Act
- Amendments to the Federal Courts Rules that came into force on June 17th (see earlier post):
- PMPRB-related (see earlier post on delaying Patented Medicines Reporting Requirements that were to come into force on July 1st): Regulations amending the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements)
Proposed amendments to the Patent Rules are published for consultation in the Canada Gazette to address patent term adjustment and other changes to streamline prosecution. The proposed amendments include excess claim fees, limits on office actions and requests for continued examination, updating rules on sequence listings and some miscellaneous amendments.