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
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?
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
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
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
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.”
Just a reminder that patent and trademark agent renewals are due by March 31st. The coming-into-force date for the College of Patent Agents and Trademark Agents is expected to be “spring of 2021” and any fees after that date will need to go to the new College. Continue reading Agent Renewals
Implementing regulations for the new College of Patent Agents and Trademark Agents are published in the Canada Gazette for a 30 day consultation. The regulations and transition provisions would provide for the transfer of responsibility for agents, including entrance examinations and conduct, to the new college. The regulations would establish an Investigations Committee and the Discipline Committee with a majority of public members, impose a residency requirement on agents, and replace ‘firm’ agents with the option to appointment of all the patent agents at the same firm.
Angela Furlanetto, Prothonotary of the Federal Court in Toronto, was appointed today as a Judge of the Federal Court. She replaces Mr. Justice P.B. Annis, who elected to become a supernumerary judge effective June 18, 2020. Continue reading Federal Court
Private Member’s Bill, C-272 was introduced: “An Act to amend the Copyright Act (diagnosis, maintenance or repair)” would add section 41.121 to the Copyright Act to modify TPMs to allow a person to circumvent “a technological protection measure that controls access to a computer program if the person does so for the sole purpose of diagnosing, maintaining or repairing a product in which the computer program is embedded”.