Category Archives: Daily Alert

Budget Bill

Bill C-59, entitled An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, was introduced today to implement portions of the budget. The proposed changes include amendments to:

  • Copyright Act – term of sound recording and performance rights;
  • Patent Act – privilege for patent agents, force majeure, correcting errors and other changes;
  • Trade-marks Act – privilege for trade-mark agents, force majeure, correcting errors;
  • Industrial Designs Act – force majeure, correcting errors.

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Budget

Today, as part of its budget announcement the government indicated its plans to amend the Patent Act, Trade-marks Act and Industrial Design Act to provide statutory privilege for confidential communications with agents and permit CIPO to extend deadlines in cases of force majeure. The government also plans to amend the Copyright Act to implement and accede to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled and to extend the term of protection of sound recordings and performances for an additional 20 years.

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Section 8 at the SCC

On Monday, April 20th, the Supreme Court will hear oral arguments in Sanofi-Aventis’ appeal in Apotex’s Ramipril proceeding pursuant to Section 8 of the Patented Medicine (Notice of Compliance Regulations). The appeal is from the March 2014 split decision of the Federal Court of Appeal in 2014 FCA 68 relating to among other things the ‘hypothetical world’, the ramp-up period and non-indicated uses.

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Patents at the US Supreme Court

Today, the United States Supreme Court heard oral arguments (link) on two patent cases:

  • Commil USA v. Cisco Systems (13-896) relating to whether a defendant’s belief that a patent is invalid is a defence to induced infringement; and
  • Kimble v. Marvel Enterprises  (13-720) relating to whether the 1964 decision in Brulotte which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se“, should be overruled.

Updates

Here are some updates on previously posted items: