Proposed changes to the Trademarks Regulations were published (link) in the Canada Gazette (Part I) for consultation until March 11, 2018. The changes, among other things, implement the Singapore Treaty, the Madrid Protocol and the Nice Agreement. CIPO held consultation on earlier versions of these changes in 2017. (See earlier post)
As we come to the end 2017, here is a summary of the most popular* items from the past year. CETA and NAFTA were of the most interest with four of the top five posts relating to the Eli Lilly NAFTA arbitration decision and the implementation of changes to the PM(NOC) Regulations and geographic indicators:
- March 17 – NAFTA arbitration decision
- May 16 – Bill C-30 receives royal assent
- July 14 – CETA proposed regulations published
- March 20 – NAFTA arbitration decision published
- July 24 – List of top recipients of patents in 2016
Most popular reported decisions:
- Mostar Directional Technologies Inc. v Drill-Tek Corporation et al., 2017 FC 575
- Bombardier Recreational Products Inc. v. Arctic Cat Inc., 2017 FC 207
- The Dow Chemical Company et al v Nova Chemicals Corporation, 2017 FC 350
- Sleep Country Canada Inc. v. Sears Canada Inc., 2017 FC 148
- Apotex Inc. v Eli Lilly and Company, 2017 ONSC 7204
As we come to the end of another year, I would like to thank all my IPPractice subscribers, currently approximately 1600. I would also like to remind you to check out your subscription preferences to take advantage of some of the features available, including:
- new Federal Court and Federal Court proceedings;
- intellectual property decisions;
- monitoring developments on specific Federal Court, Federal Court of Appeal and Supreme Court of Canada proceedings;
- newly scheduled hearings and applications in the Federal Court;
- updates on IP cases at the Supreme Court of Canada including leave applications and decisions;
- alerts on Copyright Board rulings and decision;
- newly listed innovative drugs listed by Health Canada;
- newly listed patents on Health Canada’s Patent Register;
- CIRA domain name decisions;
- Patent Appeal Board decisions; and
- Trademark Opposition Board decisions.
I welcome any feature requests, bug reports, comments and financial contributions. All the best for the holidays and I look forward to connecting with many of you in 2018!
Kathleen Marie Ring has been appointed as a Prothonotary of the Federal Court. She replaces Justice Lafrenière, who was appointed a judge of the Federal Court in June.
Due to changes with the Federal Court and Federal Court of Appeal websites to restricted automated access, there are still no updates on watched files. Today’s IPPractice daily email contains a list of all new proceedings from last week, as well as today.
There are reports today that Barry Sherman and his wife Honey were found dead in their home in Toronto. Barry Sherman was the founder of generic pharmaceutical company Apotex Inc, a significant player in the pharmaceutical industry both in Canada and abroad. Apotex has been a party to many patent litigation proceedings including on many of the leading decisions on patent law.
There are no new proceeding reports or updates on watched files due to changes with the Federal Court website. Continue reading Proceedings
Amendments to the Industrial Design Regulations have been published in the Canada Gazette, Part 1. The changes are primarily directed to implementing the Hague Agreement. Consultation is open until January 8, 2018.
Proposed “Regulations Amending the Patented Medicines Regulations” have been published in the Canada Gazette for a 75 day consultation. According to the Regulatory Impact Analysis Statement, “This proposal would amend the Patented Medicines Regulations (“Regulations”) so that the PMPRB’s regulatory framework includes new price regulatory factors and patentee price information reporting requirements that will help the PMPRB to protect Canadian consumers from excessive prices.”
The Honourable Sheilah L. Martin was appointed today to the Supreme Court of Canada. In the Federal Court, Justice Paul Favel was appointed to replace Justice Russell who elected to become a supernumerary judge. Appointments were also made to the Saskatchewan and Quebec courts. Continue reading Appointments